PART 2

GENERAL PROVISIONS
CHAPTER 4

REPRESENTATION AND SUPPORT

Representation and support
4.1
1
A natural person who is a party to proceedings may appear and act on that party’s behalf.
2
That person is to be known as a party litigant.
3
A party may be represented in any proceedings by—
a
a legal representative (see rule 4.2); or
b
a lay representative (see rule 4.3).
4
A lay supporter (see rule 4.5) may assist a party litigant with the conduct of any proceedings.

Legal representation
4.2
A party is represented by a legal representative if that party is represented by an advocate or a solicitor.

Lay representation: applications
4.3
1
This rule does not apply where any other enactment makes provision for a party to a particular type of case to be represented by a lay representative.
2
A party is represented by a lay representative if that party is represented by a person who is not a legal representative.
3
A party litigant may apply to the Court for permission to be represented by a lay representative.
4
An application is to be—
a
made by motion;
b
accompanied by a document in Form 4.3 signed by the prospective lay representative.
5
The Court may grant an application only if it considers that it would be in the interests of justice to do so.
6
Where the Court grants permission, it may—
a
do so in respect of one or more specified hearings;
b
withdraw permission of its own accord or on the motion of any party.

Lay representation: functions, conditions and duties
4.4
1
A lay representative may represent a party at any hearing at which permission has been granted under rule 4.3 or where any other enactment makes provision for a party to be represented by a lay representative.
2
The party must appear along with the lay representative at any hearing where the lay representative is to represent the party.
3
Where permission is granted under rule 4.3, the lay representative may do anything in the preparation or conduct of the hearing that the party may do.
4
A party may show any document (including a court document) or communicate any information about the proceedings to that party’s lay representative without contravening any prohibition or restriction on the disclosure of the document or information.
5
Where a document or information is disclosed under paragraph (4), the lay representative is subject to any prohibition or restriction on the disclosure in the same way that the party is.
6
A lay representative must not receive, directly or indirectly, from the party any remuneration or other reward for assisting the party.
7
Any expenses incurred by a party in connection with a lay representative are not recoverable expenses in the proceedings.

Lay support: applications
4.5
1
A party litigant may apply to the Court for permission for a named person to assist the party litigant in the conduct of proceedings, and such a person is to be known as a lay supporter.
2
An application is to be made by motion.
3
The Court may refuse an application only if it is of the opinion that—
a
the named person is an unsuitable person to act as a lay supporter (whether generally or in the proceedings concerned); or
b
it would be contrary to the efficient administration of justice to grant it.
4
The Court, if satisfied that it would be contrary to the efficient administration of justice for permission to continue, may withdraw permission—
a
of its own accord; or
b
on the motion of any party.

Lay support: functions, conditions and duties
4.6
1
A lay supporter may assist a party by accompanying the party at hearings in court or in chambers.
2
A lay supporter may, if authorised by the party, assist the party by—
a
providing moral support;
b
helping to manage court documents and other papers;
c
taking notes of the proceedings;
d
quietly advising on—
i
points of law and procedure;
ii
issues which the party litigant might wish to raise with the Court.
3
A party may show any document (including a court document) or communicate any information about the proceedings to that party’s lay supporter without contravening any prohibition or restriction on the disclosure of the document or information.
4
Where a document or information is disclosed under paragraph (3), the lay supporter is subject to any prohibition or restriction on the disclosure in the same way that the party is.
5
A lay supporter must not receive, directly or indirectly, from the party any remuneration or other reward for assisting the party.
6
Any expenses incurred by a party in connection with a lay supporter are not recoverable expenses in the proceedings.