OpenLegislation

Article 12 Representation in certain sheriff court proceedingsI1

Scotland

After rule 3 of the Company Insolvency Rules insert–

“Representation

3A
(1)

A party may be represented by any person authorised under any enactment to conduct proceedings in the sheriff court in accordance with the terms of that enactment.

(2)

The person referred to in paragraph (1) may do everything for the preparation and conduct of the proceedings as may have been done by an individual conducting his own action.

(3)

For the purposes of this rule, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish the Scottish Parliament.

Expenses

3B

A party who–

(a)

is or has been represented by a person authorised under any enactment to conduct proceedings in the sheriff court; and

(b)

would have been found entitled to expenses if he had been represented by a solicitor or an advocate,

may be awarded expenses or outlays to which a party litigant may be found entitled under the Litigants in Person (Cost and Expenses) Act 1975f1 or under any enactment under that Act.”.

Annotations

Commencement

I1

Para. 12 in force at 1.7.2008, see para. 1(1)

Footnotes

f1

1975 c. 47.