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Representing a Limited Company

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Hi

i am a director of a company and we have issued proceedings against a supplier. I have done all the pre court hearing paperwork and we have a trial date.

 

However, I am confused as to whether I, as a director or as an employee (I take a wage from the business), can represent the company in court.

 

CPR 39.6 says A company or other corporation may be represented at trial by an employee if –

 

(a) the employee has been authorised by the company or corporation to appear at trial on its behalf; and

 

(b) the court gives permission.

 

Yet when I have researched case law I have found numerous Irish case law thats says I cant (McDonald -v-. McCaughey Developments Limited, Allied Irish Banks Plc - v- Aqua Fresh Fish Limited, Battle v. Irish Art Promotion Centre Ltd [1968] but the only thing I can find regarding the UK is Secretary of State for Business, Enterprise and Regulatory Reform v UK Bankruptcy Ltd where Lord Hodge says

 

A company as a legal person is not the same as a natural person. Where a person chooses to obtain the benefits of limited liability by trading through the medium of a registered company, he has also to accept the disadvantages to which separate legal personality gives rise. Thus as a general rule I see no incompatibility between Article 6 and the requirement that a company be represented in court not by a director but by a suitably qualified legal representative who has responsibilities to the court and who is subject to professional discipline.

 

Any advice please. I have no problem engaging a solicitor and attending but its quite a straight forward case on our side.


Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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I think your overthinking this...I assume you issued the claim in your Company Name and on MCOL you listed yourself as a director.

 

Has the defendant acknowledged service of the claim and submitted a Defence ?

 

If so have you informed the court you wish to proceed to allocation ?

 

The next stage is for both parties to submit Directions Questionnaires were you state yourself as a witness to the facts.

 

If they have failed to acknowledge or submit a defence then you request a default judgment...no need to go near a court ?

 

 

Regards

 

Andy


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Hi Andy

 

we have a trial date already. Just waiting on exchange of documents

 

http://www.brodies.com/binformed/legal-updates/can-a-director-represent-a-company-in-court-proceedings


Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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So claim already allocated and you have complied with directions ...have you done a witness statement in your name as director ?

 

Andy


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Our accounts manager has as he dealt with everything.


Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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Our accounts manager has as he dealt with everything.

 

And he was authorised by yourself to draft the statement... you realise he will have to attend also and that you put him on the DQ as a witness to the facts ?


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