Urgent advice needed on faulty goods

Manxman_in_exile

Sorry - badly expressed.

What I mean is if I'm the only person providing the service and I'm doing it through my own limited company, can I not represent the company myself if it gets sued in the small claims court (or whatever it's called).

I don't know the answer but I'd like to know it.

user1977

Manxman_in_exile said:

Sorry - badly expressed.

What I mean is if I'm the only person providing the service and I'm doing it through my own limited company, can I not represent the company myself if it gets sued in the small claims court (or whatever it's called).

I don't know the answer but I'd like to know it.

If it's a rule which applies to limited companies then (as with almost everything else) it's going to be the same principle no matter the size of company.

shiraz99

Manxman_in_exile said:

Sorry - badly expressed.

What I mean is if I'm the only person providing the service and I'm doing it through my own limited company, can I not represent the company myself if it gets sued in the small claims court (or whatever it's called).

I don't know the answer but I'd like to know it.

Of course you can. You are the sole, and legal representative of your Ltd co and therefore have a duty to represent it in court should you choose.

user1977

Here we go - Civil Practice Rule 39.6:

"39.6 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."

So at the discretion of the judge.

Sandtree

Manxman_in_exile said:

Sandtree said:

Equaliser12345 said:

Sandtree said:

Olinda99 said:

your remedy is simple - small claims court. simple to do, and on the face of it you would win - a toaster should last longer

Are you factoring in the fact the the buyer may have been a limited company?

Why does it matter?  

Because a company cannot turn up in court themselves and so must be represented by a suitable qualified legal professional and legal costs are barred from the small claims court. Cost of such professional will be much more than a £150 toaster

If I provide services as a sole trader through my own limited company , are you saying that if my company gets sued in small claims that I can't deal with it in court myself?

(I don't know the answer but I'm curious to know it)

It comes down to the judges discretion and there are circumstances where judges are guided not to allow lay representation. In other but similar legal jurisdictions, eg Ireland, the guidance is much stronger that it should be in exceptional circumstances only. You'll see McDonald v McCaughey 2014 often quoted.

In theory any one (a natural or incorporated) can be represented by a lay person if they themselves are in the court room* too... if they are not personally in the court room* they should be represented by a qualified lawyer. The "problem" is that a company is not a natural person and so cannot go to the court in person... a director or shareholder may say they are a representative of the company but they are not the company itself. Obviously nothing stops them being witnesses or present.

* - obv inc virtual court rooms these days

Equaliser12345

In the UK, you do NOT need legal representation.

user1977

Equaliser12345 said:

In the UK, you do NOT need legal representation.

What's your basis for that? I've just cited the relevant rules (for England & Wales anyway).

Equaliser12345

user1977 said:

Equaliser12345 said:

In the UK, you do NOT need legal representation.

What's your basis for that? I've just cited the relevant rules (for England & Wales anyway).

The rule you posted is not mandating that external legal representation is necessary.  Freedom to choose legal representation (or not) is entirely up to the party.

As an employee, you are representing the company.  However, to represent a party in a professional capacity, you need to be a qualified representative.  The Rule is simply saying that if you are an employee then you may represent the company.  

I've been an in-house solicitor for years and have never seen a Court object to an employee representing a company.  

Equaliser12345

Oh and the McDonald case is misleading.  That dealt with who has the right to represent in Court.  Not who must.