Litigation Letter
Too user friendly?
Although court officers are always encouraged to be as helpful as possible to litigants in person they have been warned not
to give legal advice, or to advise on procedures that are outside their normal jurisdiction. The distinction between legal
and procedural advice can sometimes be very fine. Where the matter is difficult or complex, the distinction may not always
be easy to grasp or explain. The Court Service has advised that in such circumstances it is wholly proper that court staff
should err on the side of caution and respectfully ask users to seek legal advice. Supplying forms which have not been requested
is the equivalent of giving legal advice as to the procedure to take. A High Court judge recently criticised the actions of
a listing officer in supplying forms that led to the wrong proceedings being issued.