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.

What does 'I am a litigant in person' mean?

It means you are running your own case without a solicitor or barrister acting for you. You might say it to a court, a tribunal or the other side so they know to write to you directly and not to a law firm. It applies whether you are the one bringing the claim or the one defending it.

Can I represent myself at an employment tribunal?

Yes. You do not need a solicitor or barrister to bring or defend an employment tribunal claim, and many claimants run their own case from the Advisory, Conciliation and Arbitration Service (ACAS) early conciliation stage through to the hearing. The tribunal is used to hearing from people without legal training, but you still have to meet its deadlines and follow its orders.

Can a litigant in person claim costs in the employment tribunal?

Only in limited circumstances. Each side usually pays its own costs in the employment tribunal, win or lose. Where the other side has behaved unreasonably in how it conducted the case, or its case had no reasonable prospect of success, the tribunal can make a preparation time order to compensate an unrepresented party for time spent preparing.

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, 31–59% of claimants have no solicitor at the hearing, depending on the data source (MoJ hearing survey 2018; HMCTS case records 2023–25) — 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.

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.

Representing yourself at an employment tribunal

Do I need a solicitor for a small claim?

McKenzie friends at an employment tribunal

Civil Procedure Rules, Part 1

Litigants in Person (Costs and Expenses) Act 1975

CPR Part 46 and Practice Direction 46

Practice Guidance (McKenzie Friends) 2010

Litigant in Person: Meaning, Costs and Representing Yourself

What litigant in person means, whether you can represent yourself in court or an employment tribunal, what costs you can claim, and where to find free help.