Position statements: keep them simple and stage-focused

A position statement can help the court and the other side understand where you are on the immediate issues. For a litigant in person, it can also become a trap: the temptation is to include the whole history, every grievance, every contradiction and every emotion.

A useful position statement is not a life story. It is a stage-focused paper.

This guide is general information only. SelfCase does not provide legal advice, legal strategy, representation, advocacy, litigation conduct or outcome predictions.

Start with the hearing

Ask what this hearing is about. A directions hearing, first hearing, FDR, dispute resolution appointment or final hearing may each require different information. A position statement should usually fit the purpose of the hearing.

Do not assume that every historic issue belongs in every position statement.

Match what you say in court

Your written position and oral explanation should not feel like two different cases. If you plan to rely on a point, make sure you understand it and can explain where it appears in the papers.

A simple structure helps: what the hearing is about, short background, key points for this stage, documents relied on, practical issues, and what needs checking or what is missing.

Do not include legal submissions unless you understand them or have legal advice.

Keep it simple

Clear headings are more useful than long paragraphs. Short dated points are easier to follow than narrative anger.

Use dates, document names, page references where available, short sentences, and neutral language.

Avoid sarcasm, insults, repeated allegations, unsupported conclusions, and long history that is not relevant to the current hearing.

Use source references

If a point depends on a document, identify it.

Example: “On 4 June 2026, the order directed exchange by 18 June 2026.” “Email of 12 July 2026 appears to request the missing document.” “Bank statement page 6 appears to show the payment.”

This does not turn the point into legal advice. It makes the paper trail clearer.

Avoid unsupported allegations

If you include an allegation, ask what document supports it and why it matters for this hearing. Unsupported allegations may distract from stronger paper points.

A careful phrase is: “This point appears unsupported in the documents I have reviewed.”

Do not overload the document

A judge or legal adviser may have limited time. A shorter, clearer statement may be more useful than a long document containing everything.

If there are many issues, consider whether a separate chronology or issue list is clearer, but check any page limits or directions.

What SelfCase can help with

SelfCase can help organise and check papers, build a clearer chronology, identify apparent gaps or inconsistencies, and prepare source-backed paper summaries. SelfCase does not tell you what legal step to take.

SelfCase can help review whether a draft position statement appears stage-focused, source-backed, too emotional, overloaded, missing key dates, inconsistent with the papers, or unclear to a new reader.

What SelfCase cannot do

SelfCase cannot draft legal submissions, decide your legal position, tell you what order to ask for, or represent you at the hearing.

When to seek legal advice

Consider legal advice where the position statement affects disputed law, allegations, safeguarding, financial settlement, enforcement, costs, settlement offers, or final hearing preparation.

Checklist

Before finalising a position statement: what hearing is this for? What are the live issues? Is each point short? Is each important point linked to a document? Have you removed irrelevant history? Does it match what you can explain orally? Have you avoided unsupported allegations? Do you need legal advice?

The strongest position statement is often the one that makes the paper problem easy to understand.