In civil legal action, a lay representative is used
- In civil legal action cases, a party who is not a person may be a party
- Supporter of the tribunal or courtroom
- Selecting a lay representative
- In civil legal action, a lay representative is used
Lay representatives are people who have been authorized by you to assist you in preparing and conducting civil legal action legal cases. A lay representative can do everything that you are allowed to do under court and tribunal rules.
A trainee solicitor can represent a lay person in civil rights cases that fall under the simple procedure at the sheriff court.
Lay representation is available if you are the one initiating the legal action, or the person who defends it.
A lay representative may act in the sheriff court or Court of Session. The First-tier Tribunal can be acted by a lay representative or supporter.
Learn how to open a sheriff court case by following a simple procedure.
In Civil Legal Action cases, a party who is not a person may be a party
In civil legal action proceedings, a lay representative can be appointed for a company, limited liability partnership, partnership or other type of partnership. Technically, these bodies are called non-natural persons. They must apply to the court using a form found in the Scottish Tribunals Statutory Instrument no.243 in 2016. This form will ask you why you are unable to pay for a legal representation.
A company or another trader may apply for a lay representative.
Supporter of the tribunal or courtroom Civil Legal Action
You can have someone assist you under the simple procedure in sheriff court or civil legal action proceedings in most First-tier Tribunal Chambers. This is known as a “courtroom supporter”.
This person could be a friend or relative. This person is supposed to support and encourage the courtroom by:
- We will discuss the case details with you
- Take all pertinent papers and documents with you.
- sit beside you.
To have a supporter, you must ask permission from the court or tribunal. There is no form to fill out. A supporter cannot help you civil aviation if they are not paying. If the supporter is being disruptive to the court/tribunal, the sheriff can ask them to leave.
Selecting a lay representative
There are many ways to have a lay representative. The type of case will determine which option is best. In certain situations, the lay representative may appear in place of you. Other situations, the lay representative cannot make oral submissions without the permission of the court or tribunal.
If you are filing a claim or defending it, you can have a lay representative under the simple procedure at the sheriff civil law court. You are the claimant if you are initiating it. You are the respondent if you are defending it.