Using a lay representative in civil legal action

You can ask the court for permission for someone who is not a solicitor to speak on your behalf in a civil legal action. They are called a lay representative.

A lay representative can do anything that you would be allowed to do to prepare and conduct your case.

You can have a lay representative if you’ve started the legal action or if you’re the person defending the legal action.

A lay representative can act in the sheriff court, Court of Session or First-Tier Tribunal.

If you want to speak yourself in court, you can have a supporter. A supporter can help you with your legal action, but they cannot speak on your behalf. You can have a supporter in the sheriff court, Court of Session or First-tier Tribunal.

There are different court rules about lay representatives and supporters depending on the type of civil action that has been raised.

Choosing a lay representative

There are number of ways to find a lay representative. The option that is most suitable will depend on the type of case.

Agencies that provide advice on debt, housing, family or other issues sometimes have lay representatives who can act in certain types of cases. You could also ask a friend or relative to act as your lay representative if they are confident to do so. A lay representative cannot ask for payment to represent you.

If you need advice about finding a lay representative, talk to an adviser.

Asking the court permission to have a lay representative

You need to complete a form to ask permission for a lay representative to appear on your behalf. The lay representative must sign a declaration. The court will use this to decide if they are suitable.

The form that you need to fill in depends on the type of court action.

Find more information about how to get court permission to have a lay representative on the Scottish Courts and Tribunals website.

The sheriff or judge can ask a lay representative to stop acting for you at any time if they think their behaviour is unsuitable

Courtroom supporters

You can have a supporter in the sheriff court, in the Court of Session and in civil proceedings in most of the First-tier Tribunal Chambers. A supporter is there to help you, but they cannot represent you or speak to the court on your behalf.

Your supporter could be a friend, relative or colleague. They can provide support and encouragement in the courtroom by:

• taking notes

• discussing the details of the case with you

• reviewing all relevant papers and document with you

• sitting beside you.

In the sheriff court, you must ask permission to have a supporter but there is no form to fill in. You can ask to have a supporter at any time during the case.

In the Court of Session, you must make a request called a motion along with Form 12.A-A . You can find the Court of Session forms on the Scottish Courts and Tribunals website.

You must not pay a supporter to help you. The sheriff, judge or tribunal member can ask the supporter to leave if they think their behaviour is unsuitable.

First-tier Tribunal chambers

It is possible to have a representative or a supporter at the:

• First-tier Tribunal (Housing and Property Chamber) under rules 10 and 11 

• First-tier Tribunal (Social Security Chamber) under rules 9 and 10

• First-tier Tribunal (Health and Education Chamber) under rules 4 and 5

• First-tier Tribunal (Local Taxation Chamber) under rules 13 and 15.

A supporter can go with you to a hearing. A representative can represent you.

The details of a representative or supporter must be included in the application to the First-tier Tribunal.

The First-tier Tribunal can ask a lay representative to stop acting for the person at any time if they think the person’s behaviour is unsuitable.

Civil Online case tracking

There is an online tracking tool called 'Civil Online' available once a case has a case number. Your lay representative can use Civil Online to submit their application form. You can find more about Civil Online on the Scottish Courts and Tribunal Service website.