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Lay representatives, withdrawal of agents and judicial review 15/06/2017 The Scottish Civil Justice Council has issued several sets of new rules that will come into force in July.

Lay representatives, withdrawal of agents and judicial review

The Scottish Civil Justice Council has issued several sets of new rules that will come into force in July.

The first, relating to the scope of a lay representative’s power in the Scottish Courts, provides that:

“although there is not an automatic right 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.”

The second set places additional requirements on agents who withdraw from acting for a party and allows the Court to call on the party to inform it of whether they intend to go ahead with their case. It also makes adjustments to the judicial review rules, after the Council assessed how the new procedures for judicial review were operating.

More details can be found here and here.

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