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Thursday
Jul132017

New powers for lay representatives in Scottish courts

Scottish court rules have just been changed to enable lay representatives to do all the things a legal representative could do during a court hearing.  Lay representatives have been allowed to address the court on behalf of a person who is not legally represented (party litigant) since previous rule changeS in 2012 (Court of Session) and 2013 (Sheriff Court).  They are now allowed to conduct all aspects of the case including examination and cross examination, as long as the sheriff or judge is satisfied that this will be "in the interests of justice".

A lay representative in the Sheriff Court has to present a form 1A.2 with various declarations on the date of first hearing, whereas in the Court of Session a lay representative has to submit a motion accompanied by a form 12b.2 with declarations. 

Lay representatives are not allowed receive any remuneration for their work, unlike Mckenzie Friends in Northern Ireland who are allowed to be paid fees by litigants  "for the provision of reasonable assistance in court or out of court by, for instance, carrying out clerical or mechanical activities, such as photocopying documents, preparing bundles, delivering documents to opposing parties or the court, or the provision of legal advice in connection with court proceedings. Such fees cannot be lawfully recovered from the opposing party." (NI Court Practice Note)

This recent Scottish rule change means that lay representatives have far wider powers to address the court than Mckenzie Friends in courts in other parts of the UK. 

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