Litigant in person

Most people who bring a small claim or a housing tribunal case do so without a solicitor. Here is what the rules actually require of you, what help is genuinely free, and which myths about self-representation are worth ignoring.

Do I need a solicitor to bring a small claim or a tribunal case?

No. There is no legal requirement to be represented in the small claims track, the First-tier Tribunal (Property Chamber), or most civil proceedings. The small claims track in particular is designed to be used without a lawyer — the forms, the hearing format and the costs rules all assume most people will represent themselves.

Will the judge help me if I don't understand the process?

Judges owe a duty under the Civil Procedure Rules to deal with cases justly, which includes making sure litigants in person are not disadvantaged simply because they don't have a lawyer. In practice this means a judge may explain procedure, ask questions to draw out the relevant facts, and clarify what evidence is needed. What a judge cannot do is become your advocate, choose your arguments for you, or advise you on strategy.

Can I bring someone with me to help?

Yes. A McKenzie friend can sit beside you, take notes and quietly advise you during the hearing. They cannot address the court, question witnesses, or manage the case on your behalf unless the judge gives specific permission for that hearing. Bringing a supportive, organised McKenzie friend is one of the most effective free steps a litigant in person can take.

Can I recover my costs if I win as a litigant in person?

In the small claims track, costs are recoverable only in limited categories regardless of representation — mainly the court fee, fixed witness expenses and, in some cases, a modest amount for loss of earnings attending the hearing. Outside the small claims track, a litigant in person can claim for time spent on the case at a fixed hourly rate set out in the Civil Procedure Rules, or for proven financial loss if that is higher, subject to an overall cap of two-thirds of what a legally represented party would have recovered.

Is it true that self-representing parties usually lose?

There is no reliable evidence that self-representation alone determines the outcome of a small claim or tribunal case. Outcomes depend far more on the strength of the underlying case, the quality of the evidence, and whether procedural deadlines were met. Courts and tribunals that regularly deal with money and housing disputes are built around the expectation that most parties will not have a lawyer.

Where can I get free help if I'm representing myself?

Citizens Advice, Support Through Court and your local Citizens Advice Bureau all offer free general guidance on court process. Court staff can explain procedure and help with forms but cannot advise on the merits of your case. Start My Claim is software that helps you organise your evidence, meet deadlines and assemble the documents your case needs — it does not replace independent legal advice for complex disputes.

Does being a litigant in person change what evidence I need?

No. The court or tribunal applies the same rules of evidence and the same standard of proof to every party, represented or not. What changes is that you are responsible for gathering, organising and presenting that evidence yourself — which is why preparation matters even more for a litigant in person than for someone with a lawyer doing that work for them.

Glossary · All tracks

Last reviewed: 6 July 2026

Small Claims · Renters' Rights · Scam Recovery

(sometimes shortened to LiP) is anyone who conducts their own case in court or tribunal proceedings without a solicitor or barrister acting for them — whether they are the person bringing the claim or the one defending it.

Where this comes from

Civil Procedure Rules, Part 1

— the overriding objective, which requires courts to deal with cases justly and at proportionate cost, including ensuring parties are on an equal footing regardless of representation.

Litigants in Person (Costs and Expenses) Act 1975

— the basis for allowing self-represented parties to recover a limited amount for their own time and expenses if they win.

CPR Part 46 and Practice Direction 46

— sets the fixed hourly rate a litigant in person can claim for time spent on a case, currently £24 per hour, raised from £19 on 1 October 2025.

Practice Guidance (McKenzie Friends) 2010

— governs who can support a litigant in person in the hearing room.

Why so many people represent themselves

Self-representation in civil claims and tribunals is not a fringe situation — it is close to the norm in several tracks. Two structural reasons explain why. First, legal aid for most money claims and many housing disputes was withdrawn by the Legal Aid, Sentencing and Punishment of Offenders Act 2012, leaving only narrow categories (such as serious disrepair claims and possession proceedings risking homelessness) within scope. Second, the small claims track was deliberately designed around self-representation: if you win, you generally cannot recover your solicitor's fees from the other side, which removes much of the financial case for instructing one on a routine dispute.

This is not unique to any one type of case. On employment claims specifically,

59% of claimants represent themselves at the hearing, without a solicitor

— a figure regularly cited by the tribunal service itself. County court small claims and the First-tier Tribunal (Property Chamber), which handles most Renters' Rights disputes, are widely reported by practitioners to see comparably high rates of self-represented parties, reflecting the same cost and legal-aid pressures.

What being a litigant in person actually means

Court and tribunal staff can help you find the right form and explain the process, but they cannot tell you what to put in it or whether your case is strong — that would cross the line into giving legal advice, which staff are not permitted to do. The judge hearing your case has a different, narrower duty: to ensure the hearing is fair and that you are not disadvantaged purely by not having a lawyer. That can mean the judge explains what a particular form of order means, or asks you direct questions to draw out facts a lawyer might have raised for you. It does not mean the judge will build your argument, choose your evidence, or advocate on your behalf — a judge must remain impartial between both sides.

Forms used in the courts most litigants in person encounter — the claim form (N1), the application notice (N244), and the Money Claim Online service — are written and structured on the assumption that most people completing them will not have legal training. The same applies to Form 4A, used to refer a rent increase to the First-tier Tribunal (Property Chamber) without a solicitor.

How it works in practice

Amara pays a builder £1,800 for a bathroom refit that leaks within a month. The builder refuses to fix it or refund her. Amara issues a small claim through Money Claim Online, describing the defect and attaching photographs, the original quote, and a plumber's written opinion on the cause of the leak.

The builder defends the claim. Directions questionnaires are filed, and because the claim is a money claim allocated to the small claims track, it is automatically referred to the free Small Claims Mediation Service before a hearing is listed. Mediation does not resolve the dispute, so the case proceeds to a one-hour small claims hearing.

Amara represents herself. She brings an organised bundle in the order the judge asked for at the directions stage, refers to her photographs and the plumber's opinion when asked, and lets the judge's questions guide the hearing rather than trying to run it like a trial advocate would. The judge finds for Amara and orders the builder to pay the cost of professional remedial work.

Common misconceptions

• “I'll definitely lose without a lawyer.”
• The small claims track and the First-tier Tribunal are built around an informal, more inquisitorial style precisely because most parties are unrepresented. Outcomes turn on the strength of your evidence and whether you met the relevant deadlines, not on whether a solicitor stood up on your behalf.
• “The judge will tell me what to argue.”
• A judge can clarify process and ask questions to understand your case, but cannot become your advocate. Preparing your own points and evidence in advance remains essential.
• “I can never recover any costs as a litigant in person.”
• Partly true, partly not. In the small claims track, cost recovery is limited for everyone, represented or not. Outside that track, a litigant in person can claim a fixed hourly rate (currently £24) for time spent on the case, or more if they can prove actual financial loss, subject to an overall cap.
• “A McKenzie friend can speak for me.”
• A McKenzie friend can support you quietly — taking notes, organising papers, offering whispered suggestions — but cannot address the court or question witnesses without the judge's specific permission for that hearing.
• “Representing myself means no help at all.”
• Citizens Advice and Support Through Court offer free general guidance on process. Start My Claim is software that helps you organise evidence, track deadlines and assemble the documents your case needs — it is not a substitute for independent legal advice on a complex or high-value dispute.

Frequently asked questions

Sources & further reading

• Civil Procedure Rules, Part 1
• — the overriding objective (justice.gov.uk)
• Litigants in Person (Costs and Expenses) Act 1975
• (legislation.gov.uk)
• CPR Part 46 and Practice Direction 46
• — litigant in person costs (justice.gov.uk)
• Practice Guidance (McKenzie Friends) 2010

Building your own case?

Start My Claim helps you organise evidence, track deadlines and assemble the documents your small claim, rent increase challenge or refund claim needs.

Last reviewed: 6 July 2026.

References checked against the Civil Procedure Rules and Practice Direction 46 as in force on 6 July 2026.

This page is explanatory only and is not legal advice. Start My Claim is self-service software, not a law firm — its tools help you build and run your own case.