Newer version available

There is a newer version of this publication available:
Debt Advice Handbook Scotland 1st ed - with new material

Going to court

• Lay representation and courtroom supporters

If a respondent wishes to defend a claim or has applied for time to pay which has been objected to, they may need to go to court for a hearing in front of a sheriff. The respondent can attend court by themselves or can be represented by a solicitor. They can also be represented by a lay representative or/and be supported by a courtroom supporter. If the respondent represents themselves, they act as a ‘party litigant’. The other party may represent themselves, be represented by a solicitor or be represented by a lay representative.

Points to remember

All parties should arrive in plenty of time and check with the court officers to find which court the case will be heard in.

Parties should have all the evidence they intend to rely on with them. The court informs all parties what and what not to bring when it sets the date of the hearing.

The case may be continued, so all parties should be prepared to discuss alternative dates.

Lay representation and courtroom supporters

A ‘lay representative’ is someone who is not a solicitor or advocate who can represent a respondent in court in relation to civil matters (such as debt payment). The respondent should still attend court even if they have a lay representative.

Lay representatives are commonly Citizen Advice or local authority debt advisers. They cannot charge for their service and can do anything the respondent can do if they were defending themselves, such as speaking on their behalf. They can request that the court communicate with them when the response form (Form 4A) is returned.

Lay representatives must ask the court’s permission to act on a client’s behalf and submit a Form 2A to the court. Sheriffs can remove permission for a lay representative to act at any time within the process.1Parts 2.2 and 2.4 Simple Procedure Rules

A ‘courtroom supporter’ is not a lay representative but usually a friend or relative who can attend a hearing with either party to lend quiet support. They may sit beside or behind the party they are supporting and can provide moral support, help manage their documents, quietly advise on points of law and procedure and take notes. Any party in a simple procedure action can ask for a courtroom supporter to be admitted to the hearing and must do so in writing before the hearing. The sheriff can deny their request.2Parts 2.5 and 2.6 Simple Procedure Rules

 

1     Parts 2.2 and 2.4 Simple Procedure Rules »

2     Parts 2.5 and 2.6 Simple Procedure Rules »