i-law

Litigation Letter

Too user friendly?

Although court officers are always encouraged to be as helpful as possible to litigants in person they have been warned not to give legal advice, or to advise on procedures that are outside their normal jurisdiction. The distinction between legal and procedural advice can sometimes be very fine. Where the matter is difficult or complex, the distinction may not always be easy to grasp or explain. The Court Service has advised that in such circumstances it is wholly proper that court staff should err on the side of caution and respectfully ask users to seek legal advice. Supplying forms which have not been requested is the equivalent of giving legal advice as to the procedure to take. A High Court judge recently criticised the actions of a listing officer in supplying forms that led to the wrong proceedings being issued.

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, click Log In button.

Copyright © 2024 Maritime Insights & Intelligence Limited. Maritime Insights & Intelligence Limited is registered in England and Wales with company number 13831625 and address 5th Floor, 10 St Bride Street, London, EC4A 4AD, United Kingdom. Lloyd's List Intelligence is a trading name of Maritime Insights & Intelligence Limited.

Lloyd's is the registered trademark of the Society Incorporated by the Lloyd's Act 1871 by the name of Lloyd's.