A case decided this month (March 2019) has clarified the ability of lay representatives to appear in Scotland.

In general, reputable lenders are happy to see customers assisted by knowledgeable lay representatives. This is particularly so when, as in Scotland, there are specific regulations which set out the qualifications which certain lay representatives should have in possession proceedings.

There are, however, occasions when the approach taken by a third party is not welcome. At times, there may be no option but to carry on and seek to resolve any dispute in a constructive manner.

The new decision – General Asset Management Limited v Ruane – provides another option in such challenging circumstances. Much of the decision relates to the long running saga of when it is permissible to recall a decree (judgment) depending on the definition of whether the customer “appeared or was represented” at an earlier stage – on this point, the sheriff at Dumfries found that representation by an unqualified and unapproved lay representative did not count as representation.

However, the court also noted that if a lay representative is to be permitted to appear, he or she must appear along with the customer at the hearing. It follows that if a person attends court without the customer, an argument can be made – if their presence is not helping the court and the creditor to secure a fair and right outcome for the customer – that such a person is not entitled to appear.

This is an argument that will be used infrequently as in most cases – whether formally before the court or informally in the corridors of the court building – the presence of a lay representative should continue to assist.

contact information: For further information or to discuss any aspect of the legal summary above, please contact Mark Higgins at mark.higgins@irwinmitchell.com or on 07795 504476