Lay Representation Rules

Jun 08, 2017

This Act of Sederunt (Rules of the Court of Session, Sheriff Appeal Court Rules and Sheriff Court Rules Amendment) (Lay Representation) 2017) amends the current Court of Session, Sheriff Appeal Court, Ordinary Cause. Summary Cause and Summary Application Rules. 

These rules have been developed by the Access to Justice Committee as part of its review of the current rules relating to lay representation and lay support. The new rules provide that, although there is not an automatic right to for a lay representative to represent a party, a lay representative can make an application to do so if it would be in the interests of justice. If this application is granted, the lay representative may then represent a party in full. This means that the lay representative may do anything in the preparation or conduct of the hearing that the party litigant may do if they were representing themselves in the proceedings.

It was not necessary to amend the Simple Procedure Rules in the context of this instrument, as under the current rules, a lay representative can already do everything that a party litigant may do.

The Act of Sederunt will come into force on 3 July 2017.

Providing Feedback

The SCJC welcomes feedback on any aspect of court rules.

Please email your comments to the Secretariat scjc@scotcourts.gov.uk