Unrepresented Litigants in Modern Courts – Ordeal by Combat

Self-represented litigants in England and Wales, as well as many other countries, form a large heterogeneous proportion of the population. In contrast, the justice system provides for the whole population a standard platform that cannot accommodate the variability in education, ability, personal characteristics and circumstances. In addition, there are high barriers to access, including high costs, excessive formalities and unclear interpretation of the law. These barriers are prevalent even in venues of justice designed to be public-friendly. To provide justice for all, the legal system needs to assimilate latest scientific findings on individual differences and minimise barriers to access.