Do it yourself

A strong argument for not pursuing a case as a litigant in person can be found in this case. That said, hats off to the applicant for at least getting a Judicial Review hearing in person. Not least after turning up two hours late.

There is an indication that the applicant was represented at some point in the process, but it appears that she abandoned representation in order to maintain “I didn’t do it”, despite the neighbours’ statements, the Environmental Health Officer’s statement, the Noise Abatement Order, the Magistrates’ Court conviction for breach of that order, the Crown Court conviction on appeal, and the findings of the review panel meetings that the applicant failed to attend. So, she faces a mandatory possession order on her introductory tenancy.

Who says the litigant in person isn’t given a fair chance in the legal system? It looks to me like the civil courts at various levels have bent over backwards to ensure that this LiP had every chance, and in the end even took the excuse of a left-over funding certificate, (which should technically have been discharged long before, and possibly was), to avoid landing costs on the applicant.

About Giles Peaker

Giles Peaker is a solicitor and partner in the Housing and Public Law team at Anthony Gold Solicitors in South London. You can find him on Linkedin and on Twitter. Known as NL round these parts, and still is Nearly Legal on Google +.
Posted in Housing law - All, Introductory and Demoted tenancies, Nuisance, secure-tenancy and tagged , , , , .

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