The Impact on Litigants
What about litigants in person or otherwise?
Whilst the Harman Review was specifically about judicial bullying towards lawyers, it is a fairly obvious conclusion that litigants in person can also be bullied by judicial rogues. The report does acknowledge that judicial bullying can extend beyond barristers to affect litigants, especially vulnerable ones.
It highlights the following:
However, the report does not go as far as to provide data or case studies specifically on litigants. Its recommendations, like mandatory training, oversight by a Commissioner for Conduct, and stronger complaint mechanisms, are designed to improve the overall courtroom culture, which would benefit litigants indirectly.
Does it matter that litigants weren’t included?
Yes, it matters vastly. If there are judicial rogues behaving as though they have no code of conduct, then it clearly will affect litigants, and especially those who are self-representing. It is not hard to envision a scene where a judge is bullying a barrister, and the litigant in person is then intimidated into thinking they cannot say anything or they will be treated the same.
Litigants are going to be even more vulnerable to judicial tone and conduct than the lawyers. After all, if you’ve been on the circuit a while as a lawyer, you’ll have heard tales of which judges have reputations for this type of conduct, but as a litigant, you won’t have any knowledge until you appear before them, and by that stage, you’ll just think everything is against you.
This is particularly so when the matter is a family case, of any kind.
Bullying or dismissiveness from the bench can:
Litigants in Person
Since LASPO (cuts in Legal Aid) there have been a growing number of people in England & Wales navigating the court system without legal representation. This has created issues of its own, never mind when combined with potential judicial bullying.
These litigants in person face:
Despite reforms like CPR 3.1A (which instructs judges to adjust case management for LiPs), many still feel overwhelmed, unheard, and disadvantaged.
The Power of Judicial Tone and Behaviour
Judges set the emotional temperature of the courtroom. It follows therefore that when they are:
The Harman Review emphasised that judicial bullying, even when directed at barristers, creates a hostile environment that affects everyone, including litigants and witnesses.
The Adversarial System: A Double-Edged Sword
England’s legal system is adversarial by design. That means:
Courts are increasingly asked to referee imbalance rather than resolve disputes. This undermines fairness, especially when vulnerable parties are involved.
Cultural Barriers to Justice
Even with procedural reforms and digital tools, courtroom culture can still exclude:
The Equal Treatment Bench Book offers guidance, but inconsistent training and thin resources mean inclusion often depends on the luck of the venue, and the luck of the draw in terms of which judge or magistrates you get.
If you add that uncertainty to judicial bullying, the system can become a toxic and frightening place for litigants in person, when it is supposed to be designed to help (we’re referring here specifically to civil and family cases, rather than criminal).
What Needs to Change
To make courtroom culture truly inclusive:
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