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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11860
Experience:  30 years as a practising solicitor.
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I am in Scotland. I am looking at a sheriff court

Customer Question

Hello. I am in Scotland. I am looking at a sheriff court action (a civil action dispute over a property servitude, drains) where there are 2 defenders. The first defender is my company of which I am the sole director (there is also a company secretary).
The second defender is me, as a private individual - this is a very weak case and likely to fall by the wayside in due course. I have been told that I may be the litigant in person for myself. I have been told that I may NOT also be the litigant in person
for my company as well as myself in the same action. Question: is the advice about not being able to be the litigant in person for my company (as well as being the litigant in person for myself) correct? Can I challenge this, how, and what is the best combination
tag team in this situation? The defence will probably be the same for both defenders, although of course, to see a silver lining on this, I could offer 2 different defences to increase the chances of successful defence. Thanks
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thanks for your question. I am a solicitor in Scotland. Firstly if there are two defences then both should be advanced for whichever of both of the defenders they apply to. Separate Defences are physically lodged for each defender so you don't advance one defence for one defender if two lines of defence apply to both. Secondly a limited company has to be represented by a solicitor or counsel and there is no way to challenge this. The new legislation in respect of the courts allows a company to be represented by a lay person where the company can't afford to employ a solicitor and that the lay person isn't also personally involved in the case. Happy to discuss further. In the meantime please leave a positive response so that I am credited for my time.
Expert:  JGM replied 1 year ago.
Is this an ordinary action, with an "A" number or is it in the summary cause or small claim court?