Insertion of new rule 3.1A5

After rule 3.1, insert—

Case management – unrepresented parties3.1A

1

This rule applies in any proceedings where at least one party is unrepresented.

2

When the court is exercising any powers of case management, it must have regard to the fact that at least one party is unrepresented.

3

Both the parties and the court must, when drafting case management directions in the multi-track and fast track, take as their starting point any relevant standard directions which can be found online at www.justice.gov.uk/courts/procedure-rules/civil and adapt them as appropriate to the circumstances of the case.

4

The court must adopt such procedure at any hearing as it considers appropriate to further the overriding objective.

5

At any hearing where the court is taking evidence this may include—

a

ascertaining from an unrepresented party the matters about which the witness may be able to give evidence or on which the witness ought to be cross-examined; and

b

putting, or causing to be put, to the witness such questions as may appear to the court to be proper.