Can the lack of legal representation be substituted within the framework of substantive case management?

Abstract

This study examines the distinct and more stringent rules of substantive case management applicable to parties proceeding without legal representation, and primarily seeks to answer the question of whether legal representation can be ‘substituted’ within the framework of substantive case management. By substitution, it refers to whether substantive case management is capable of providing a party who lacks legal expertise with a level of assistance sufficient to ensure effective enforcement of rights even in the absence of professional legal representation. In the course of this analysis, the study presents the specific rules applicable to parties acting without legal counsel and outlines several key aspects of the regulation concerning substantive case management.