Abstract
The literature suggests that litigants in person may be disadvantaged by an inability to adduce adequate evidence. This article reports an observational study investigating how 66 litigants in person fared when pursuing their cases in the small claims track of a county court in England. The research found that some litigants were unable to adduce adequate evidence and that the judges experienced difficulty in resolving the problem. In other cases evidential difficulties were successfully addressed, mostly by means of adjournment. Parties often showed only a limited understanding of the evidential requirements. The study demonstrates that litigants in person have a need for legal advice and education to enable them to operate effectively within the legal process and to secure a fair trial in accordance with the European Convention on Human Rights. Cases alleging breach of the implied term of reasonable care and skill in contracts for services emerged as a particular problem and there may be an argument for law reform.
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