Defending a Small Claims action as a Limited Company

GromitLegal

New Member
Jun 4, 2011
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Hi all,

I'm new to the forum so not sure if this is the right area for this? Apologies if not.

Anyway, I have a query regarding a Small Claims action in Scotland.

As the Sole Director of a Limited Company I am being taken to Small Claims Court. I decided to defend it and followed all the instructions within the instruction package sent to me. I was advised I could defend myself. When I arrived at the Sheriff Court in Scotland (driving 370 miles) I was surprised to learn that the Claimant had hired legal representation, even though he stated in the Statement of Claim forms that he would be representing himself. The Judge then informed me that as I am a Limited Company I need legal representation?? Even though the whole point of small claims is that needless expensive costs such as solicitors need not be spent to gain justice. This doesn't seem right to me? The court date has now been set back 2 weeks.

Can anyone answer whether I will be needing legal representation and, if so, can I simply take a layperson or McKenzie friend?

The whole process has been incredibly unprofessional as I didn't receive any copy documentation from the claimant as I was advised I should and normal procedures do not seem to have been followed!

Any help, greatly appreciated!

Thank you!