Note: in the appeal in the cause Hastings against Day 41 LTD (Sheriff Appeal Court Civil) [2025] SACCIV 26 (05 August 2025)

Note: in the appeal in the cause Hastings against Day 41 LTD (Sheriff Appeal Court Civil) [2025] SACCIV 26 (05 August 2025)

The application was refused because Day 41 Ltd failed to demonstrate inability to pay for legal representation, Ian MacLellan had a personal and financial interest in the proceedings and a prior finding of contempt of court, and the interests of justice did not support granting permission for lay representation.

Citation
[2025] SACCIV 26
Parties
Pursuer and Respondent: Colin Anthony Fisher Hastings, as liquidator of Cloudstream Technology Ltd (In Liquidation); Defender and Appellant: Day 41 Ltd (formerly MacLellan Property Ltd)
Jurisdiction
Scotland
Judgment Date
05 August 2025
Procedural Posture
Civil Appeal / Application for Lay Representation in Appeal
Outcome
Application for lay representation refused
Legal Topics
Lay Representation for Non Natural Persons, Gratuitous Alienation, Unfair Preference, Liquidation Proceedings, Court's Discretion in Lay Representation
Civil Procedure Insolvency Law Company Law Lay Representation for Non Natural Persons Gratuitous Alienation Unfair Preference Liquidation Proceedings Court's Discretion in Lay Representation

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Parties

Colin Anthony Fisher Hastings, as liquidator of Cloudstream Technology Ltd (In Liquidation)

Pursuer and Respondent

Day 41 Ltd (formerly MacLellan Property Ltd)

Defender and Appellant

Procedural Posture

Civil Appeal / Application for Lay Representation in Appeal

Legal Issues

  1. 1 Whether Day 41 Ltd is unable to pay for legal representation under section 97(3)(a) of the Courts Reform (Scotland) Act 2014
  2. 2 Whether Ian MacLellan is a suitable person to act as lay representative under section 97(3)(b) and 97(4)
  3. 3 Whether it is in the interests of justice to grant permission for lay representation under section 97(3)(c)

Ratio Decidendi

The application was refused because Day 41 Ltd failed to demonstrate inability to pay for legal representation, Ian MacLellan had a personal and financial interest in the proceedings and a prior finding of contempt of court, and the interests of justice did not support granting permission for lay representation.

Court Disposition

Application for lay representation refused

Orders

  • Application by Day 41 Ltd for Ian MacLellan to act as lay representative is refused