A Director cannot represent his Company in Court.
Only a barrister or solicitor may appear on behalf of a company in a Court. Although the Court can allow other agents to appear on behalf of the company, it will exercise this discretion in exceptional cases only.
In Gold Medal Hortech Ltd v Edwards & Williams Greenhouses Ltd, the company filed High Court proceedings against Edwards & Williams Greenhouses Ltd.
Mr Dunne, the Company’s managing director, applied to the Court for leave to represent the company himself, on the grounds that the company could not afford lawyers. He argued that, as a qualified engineer, he was able to understand the issues involved in the matter and that he was quite able to present the Company’s claim in Court.
The general principle had been established that although a person was allowed to represent himself, or herself, in Court, this right did not extend to a director representing a Company. The Court noted that it did have a discretion to allow representation by someone other than a barrister or solicitor, but that this discretion should be exercised sparingly.
In the present case the Court would not allow Mr Dunne to appear for the company. The Judge decided that it was a complicated proceeding and the Court would need assistance on both technical and legal aspects.
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