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 RulesA
‘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