Elsewhere on Ulster
Guidance and suggestions for effective participation and communication between Solicitors and Litigants in Person.
3 February 2026
This Charter is intended for the people involved in Civil or Family Proceedings in Northern Ireland where one party does not have legal representation. We refer to someone in this position as a Litigant in Person, or ‘LIP’ for short.
Contact between a LIP and solicitor is vital to the smooth running of a case and can result in agreement between the parties, saving time, costs and stress.
Research shows that a LIP may be unaware they can deal directly with the solicitor to resolve a legal issue, or they may lack confidence or not know how to move discussions forward or reach agreements. Solicitors may have had difficult interactions with a LIP in the past and might be cautious of direct contact or they may sense that a LIP is defensive about dealing directly with them.
These guidelines present ways to promote cordial and conciliatory professional communication between solicitors and LIPs in the interests of justice. It contains suggested actions and conduct for solicitors and LIPs to follow to promote fairness, effective participation, and mutual respect.
In cases where there is a LIP, all parties are asked to be guided by and adopt the actions and conduct in this Charter. The judge hearing the case may ask all parties whether they have read the document and whether they agree to be guided by it.
This Charter recognises that disabled LIPs and LIPs with additional needs, including neurodivergence, mental ill-health and age-related need, may need specific reasonable adjustments to participate. These accommodations incorporate statutory duties that must be considered by the Parties and the court/tribunal. This Charter recognises and supplements those considerations.
The court and tribunal system is required to protect the right to a fair trial and solicitors have a professional duty to the court to protect the rule of law and the administration of justice. For Family proceedings, all parties have an additional duty to prioritise the best interests of the child or children in the case.
Where one party is representing themselves in a case, we describe this person as a litigant in person (shortened to ‘LIP’). A LIP can sometimes find it difficult to participate in their hearings. For this reason, cases that involve someone representing themselves against a represented party can require solicitors and judges to take a different approach than if both parties were represented. A LIP should not be compared to how legal representatives conduct their case. A LIP may feel stress not just from being in legal proceedings but also from not being familiar with the court process.
This Charter promotes effective participation for both parties, including LIPs with disabilities or additional needs. Effective participation means parties understand procedure, can follow it (with reasonable adjustments where needed), and have equal opportunities to present their case.
The Charter applies to court proceedings in Civil and Family law and to employment proceedings in tribunals in Northern Ireland where one party is a LIP. It applies in principle to other court and tribunal cases where one party is a LIP.
The Charter outlines the actions and conduct by solicitors and LIPs that can help to promote fairness, effective participation, and mutual respect. The Charter also covers circumstances when a LIP is assisted by a non-legally qualified person, such as a McKenzie Friend. The Charter may also be of assistance to solicitors’ clients, barristers, Court Children’s Officers, McKenzie Friends and court staff.
The Charter covers the points where solicitors and LIPs may interact in a case:
Judges and solicitors should proactively consider whether a LIP requires reasonable adjustments and implement any adjustments agreed or directed.
This Charter has been written by solicitors, LIPs, McKenzie Friends, other people with lived relevant experience and researchers at Ulster University. It includes 'pain points' as examples of issues that can arise.
Effective participation can be promoted by parties following these points of conduct:
Pain Points:
A solicitor and a LIP have to be able to communicate to facilitate information flow. A solicitor may be in the difficult position of having to relay messages between the two parties: for example, in Family cases, about changes in arrangements for contact with the child. It is vital that all parties enable this flow of information through polite, respectful, cordial and timely communication. If communication is hostile or rude, the progress of the case may be harmed.
To aid efficient communication, a LIP should provide an email address for service and contact. If a LIP agrees to service by email, it should be recorded in writing.
Solicitors often have a heavy caseload, and it may take time for them to respond to a call or email. It is good practice to agree a timeframe for returning a call or email: for example, two working days to acknowledge receipt of an email; five working days to reply.
A solicitor should understand that LIPs are likely to be unfamiliar with how cases are managed and should alter their approach to communicating with a LIP. For example,
All parties should avoid using inflammatory language and maintain respectful communications.
Where there is an agreement for an adjustment to communication, such as written not phone contact or large font, the other party should communicate in that format.
Pain Points:
A LIP may require additional support from the court/tribunal or the solicitor of the opposing party because they may not understand the proceedings. Parties and the court/tribunal should consider, at the earliest opportunity, whether any party requires reasonable adjustments to participate effectively, such as extra time, breaks, remote or hybrid hearings, BSL/communication support, accessible formats.
A LIP may inform the court/tribunal of any disabilities or additional needs they have and request reasonable adjustments at application or at any time in the proceedings. This is confidential and will be treated as confidential by the court/tribunal. The court should record any adjustments granted.
If a LIP has a McKenzie Friend (see 9. McKenzie Friends below), the McKenzie Friend can identify reasonable adjustments in their application to the court/tribunal and to the solicitor.
Where a LIP is questioning a vulnerable witness, the solicitor should bring this to the attention of the judge.
Where a solicitor is aware that a LIP is vulnerable and their needs when participating in the proceedings have not been recognised, they should bring this to the attention of the judge.
Pain Points:
Discussions outside of the court or tribunal hearing room, whether in the court building or elsewhere, are an opportunity for a LIP and solicitor to agree on issues related to the case. These discussions can be used to clarify or agree issues or settle the case. Reaching a swift agreement may reduce the length of the case and, in Family Proceedings, reduce the harm to the children caused by a lengthy court case.
All parties should be open to discussions outside of the court or tribunal.
If a settlement is proposed, it should be explained, and sufficient time should be allowed for its implications to be considered.
A solicitor and LIP can discuss and agree on any issues in the case and inform the judge that they have reached agreement on these issues.
Discussions outside of the court or tribunal are ‘without prejudice’ which means that a settlement offer or concessions that are not accepted cannot then be shown to the judge. If discussion are intended to be 'open' and can be referred to, this should be agreed.
A solicitor and LIP can agree on process, such as who will address the judge first when the LIP is the applicant, and this can then be communicated to the judge.
Parties should consider Alternative Dispute Resolution (ADR, such as mediation, where appropriate and record any agreement to pursue ADR in the case management note or Order.
Pain Point:
If the relationship between a solicitor and a LIP is hostile, a chance to roll back and de-escalate should be requested. Either side can signal their desire to review the relationship, seeking the support of a third party, if necessary.
Pain Points:
Cases across the courts and tribunals can differ in how they are run. Solicitors will likely be familiar with how different judges conduct their proceedings and how they will hear cases involving LIPs. However, the LIP may not be familiar with the approach that a judge may take and may lack confidence to ask for procedural actions. This can cause confusion and uncertainty. It can impact on a LIP’s participation, and slow down proceedings. Improving fairness and participation can be achieved through improved communication on court procedures. For clarity and consistency, the following points are highly recommended.
A LIP looks for the solicitor representing the other party and lets them know they are present for the hearing. Similarly, the solicitor looks for the LIP to make themself known to them.
Where possible, the solicitor goes through the case running order with the LIP prior to the hearing and identifies the LIP’s views on the running order so that this can be communicated to the judge - for example, agreeing who speaks first in the hearing. When a LIP is the applicant, they may expect to address the judge first and may not be prepared to respond if the judge asks the solicitor to speak first.
Where a barrister (referred to as 'counsel') is instructed, the communication route with a LIP should be clarified via the instructing solicitor to avoid confusion.
Before a Family Proceedings hearing, the solicitor should explain the call-over process, who will be present, and invite the LIP's views on requesting a cleared courtroom. If a LIP indicates anxiety or a disability-related need, the solicitor should assist and inform the judge of this where possible.
Where a specialist protocol or pre-action procedures apply, a LIP will be subject to the same obligations as a represented party. Where reasonable, solicitors should send a copy or link to the relevant protocol to the LIP in advance of the hearing as this may help the overall case process and management.
In Family Proceedings cases, the LIP can be directed to sources of information, such as the Family Court Information for Northern Ireland web pages. This website provides useful templates, information and meanings of legal terms which may be relevant to other Civil proceedings.
The hearing should, where reasonable, take account of adjustments that have been identified.
Pain points:
Delay in receiving documents or reports, can threaten fairness and delay hearing dates in a case. This may be contrary to the ‘overriding objective’ to deal with cases justly and in a timely manner. In Family cases, it may be contrary to the best interests of children and the ‘no delay principle’.
Unless the court or tribunal directs otherwise, parties must avoid serving documents on a LIP on the day of the hearing. They should be served at least three working days before the hearing to allow time to read and respond.
Where a report is not made available to a LIP, the parties should communicate on this and inform the court where necessary so it can be made available in advance of the hearing. The solicitor should alert the court or tribunal promptly if access cannot be arranged in good time.
In the case of a CCO report in Family cases, the solicitor can inform the LIP that the CCO report is available and that the LIP can contact the CCO office to obtain access to it.
A solicitor needs to appreciate this lack of access and anticipate a LIP’s difficulties in obtaining information. They can send reminders or copies of documents from the ICOS system directly to the LIP to promote the flow of information.
As a matter of good practice, a solicitor should check the LIP has an accurate record of the court’s directions and any agreed court date after a hearing.
A LIP can also request the court or tribunal office to provide them with Orders and dates via telephone.
Parties should use an agreed protocol for emailing documents to the LIP.
Pain Points:
A solicitor should anticipate information gaps and support a LIP with information on procedure or where to find it.
The solicitor should provide appropriate assistance to the court/tribunal and a LIP.
Documents should be filed within the timeframe directed by the judge. If there is going to be delay, time must be allowed for the receiving party to consider the late document. This means the other party must be informed of a delay or an extension of time can be requested.
Where a solicitor can see that a LIP is heading towards non-compliance with a court direction, they should consider bringing this to the attention of the LIP in a cordial way.
If documents are submitted on the day of a hearing, the receiving LIP will need time to consider them and may seek an adjournment. The parties should confer and explain any agreed position to the judge.
A LIP should be aware that solicitors are under no obligation to help a LIP run their case or take any action on the LIP’s behalf, unless it falls within their duty to the court/tribunal or, in Family cases, as part of ensuring the best interests of the child.
A solicitor is required to behave professionally towards a LIP and not to use tactics that take advantage of a LIP’s lack of familiarity with litigation, for example by misleading them or withholding information.
A LIP should be aware that a solicitor using the law and procedure effectively against an opponent, whether qualified or a LIP, is not necessarily taking an unfair advantage.
A solicitor may need to explain their duty to the court to their client – see section below: Note to clients.
Pain points:
All parties are under an obligation to help the court/tribunal to deal with cases in a balanced way which promotes fairness and helps the court process to run more smoothly.
A solicitor may need to inform their client that this is standard practice when there is a LIP in a case – see section below: Note to clients.
A solicitor should be prepared to suggest steps or actions to the court/tribunal if they believe it would be helpful to the case.
If there is a breakdown in the behaviour or comprehension of the LIP, the judge can be asked to intervene to offer a pathway to allow the proceedings to continue.
Pain Points:
A LIP may get help from a non-qualified person called a McKenzie Friend to navigate a court, tribunal or legal process. There is guidance from the Lady Chief Justice relating to McKenzie Friends in all court business in Northern Ireland which the parties must consider. This is contained in “Practice Note 3/2012 (Revised 7 June 2024) McKenzie Friends.”
The Practice Note requires a LIP to inform the judge as soon as possible of their wish for a McKenzie Friend to accompany and support them in their case. The Practice Note sets out the role of McKenzie Friends, a code of conduct and the form to be completed by a McKenzie Friend.
Parties should be provided with the McKenzie Friend application form and code of conduct with the first Notice of Hearing. The LIP should file and serve any application at least five working days before the hearing where possible.
McKenzie Friends may have no previous court/tribunal experience, or they may be well-informed and well-placed to assist a LIP which can smooth the conduct of proceedings. The following points are suggested to promote effective participation.
Where possible, a LIP should advise the solicitor that they will be assisted by a McKenzie Friend.
As with each other, parties should treat a McKenzie Friend with courtesy and respect. McKenzie friends should treat the parties with courtesy and respect.
A solicitor and LIP recognise that a McKenzie Friend may read the papers for the court case and be present during out of court discussions, unless the court indicates otherwise.
A McKenzie Friend must observe strict confidentiality in relation to any documents they have sight of and any information they hear in relation to the proceedings.
Both the solicitor and LIP understand that a McKenzie Friend may attend the hearing of the case unless the court/tribunal indicates otherwise.
If the LIP wishes the solicitor to communicate directly with their McKenzie Friend, this must be confirmed by the LIP in writing.
A solicitor should ensure that documents are served on a LIP in good time to enable them to seek the assistance of a McKenzie Friend in advance of any hearing or meeting.
A McKenzie Friend can assist a LIP to identify reasonable adjustments in the LIP’s application to the court/tribunal.
Pain Points:
Documents arising from Civil, Family and tribunal cases are generally private and subject to data protection regulations. They should not be shared or made public. Specifically, because of the involvement of children in Family Proceedings, there is a need for strict confidentiality under the rules of court. For that reason, Article 170 of the Children (Northern Ireland) Order 1995 makes it a criminal offence to publish any material which is intended, or is likely, to identify any child as being involved in any proceedings.
All parties must acknowledge this and ensure no documents or other information related to the case are shared with anyone not involved in the case.
If a LIP is supported by a McKenzie Friend, the documents can be shared with the McKenzie Friend, but only once the judge has directed that the McKenzie Friend can be involved in the case.
Pain Points:
Where possible, a LIP and solicitor should be in direct contact to aid communication.
A LIP should inform the solicitor that they will be representing themselves and whether they will seek the assistance of a McKenzie Friend.
On becoming aware that they are or will be a LIP, a party should promptly notify the other side and provide preferred contact details, stating whether they agree to service by email.
Pain Points:
In court, a solicitor’s client may be surprised that the LIP speaks directly to the judge when they do not. They might also question why they were not present in court when the LIP and/or their McKenzie Friend were present, or why the judge is spending more time on the LIP with explanations or questions.
A solicitor should explain to their client why they are providing assistance to a LIP. The assistance can include explaining procedure or what a LIP needs to do to follow the judge's direction.
It can also be part of a solicitor’s professional duty to the court/tribunal to provide a LIP with some procedural assistance. Clients can be advised of the potential benefits of this assistance, such as avoiding delay and time and costs.
The Section below called 'Note to clients' provides an example note to a client which explains how a solicitor will deal with the other party who is a LIP.
A LIP should be aware that solicitors have a duty to their client.
Where a judge asks a solicitor to undertake tasks that assist a LIP, such as preparing the bundle or drafting clearing directions, the solicitor should explain to their client the rationale, likely time and cost, and the proportionality safeguards the court applies.
This note explains how your solicitor will handle interactions with the other side in a court case if they do not have their own solicitor. In such cases, the unrepresented party is called a “Litigant in Person” (LIP). This note reflects the principles in ‘A Charter for Effective Participation and Communication between Solicitors and Litigants in Person in Northern Ireland,’ promoting fairness, respect, and clarity. It explains how your solicitor’s actions are guided by professional obligations to you, to the court, and to the administration of justice, ensuring fairness and efficiency in proceedings involving Litigants in Person.
