Litigant in person to get second chance in court

The High Court has dismissed an attempt to stop a former litigant in person getting a second chance at making their claim after the first was struck out due to a technicality.

Philip Davies is pursuing the second action against a company of boiler installers after his first attempt was struck out due to him failing to meet the court’s unless order.

The defendants applied to have the second action struck out on the basis that the claimant was guilty of an abuse of process given his failure to advance the original claim.

The case is another example where the courts are attempting to grapple with issues arising from people representing themselves. It is thought that judges are minded to give litigants in person a little more leeway in compliance with rules and procedure, while trying not to interfere with court processes.

The Judge said that the Claimant, who was a litigant in person when the first claim failed, had not shown a ‘wholesale disregard’ of the civil procedure rules and it had been struck out for a technical problem rather than an inordinate or serious delay.

Litigant in person

Suffering a financial or contractual dispute can have serious implications on your business. Our business solicitors will quickly and efficiently put your case together and act on your behalf. We can advise you on the appropriate course of action and assist with any legal documents or proceedings that may occur.

Call Shalish Mehta in our civil and commercial litigation department on 0161 624 6811 or email sm@wrigleyclaydon.com.

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Shalish Mehta

Shalish is an experienced dispute resolution solicitor who joined the firm in 2002 ago upon qualifying as a solicitor and provides a proactive approach whilst retaining the personal touch to help you achieve the best possible outcome for your case. He acts on behalf of both private individuals and commercial clients. He can assist and advise at any stage of a dispute including mediation through to court action and injunctions. Shalish is a keen sportsman, regularly playing cricket and five-a-side football and also watching live sport. He enjoys city breaks and takes great pleasure in sampling different cuisines from around the world. Shalish is fluent in Gujarati and will happily represent those for whom Guajarati is the first language, in English. He is also happy to offer his services as a translator to our clients as necessary. What clients say about Shalish: “We feel the service was perfect and found our solicitor, Shalish Mehta, very professional and helpful in all aspects”