Director could not represent the company during leave stage of judicial review application

By: Ian Fitzharris BL

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High Court, by way of preliminary issue, determines that a company applying for judicial review of a decision of the District Court could not be legally represented by one of its directors during the leave stage of its application, on the grounds that the company was a distinct legal personality in and of itself and where there were no exceptional circumstances presented which would permit the court to depart from the general rule that only suitably qualified legal professionals (barristers, solicitors) may so appear in court (and hold rights of audience) on the company's behalf.

Judicial review - certiorari - refusal of District Court Judge to recuse himself on grounds of demonstrated bias - refusal to allow digital audio recording to be active during hearing - refusal to order discovery from notice party and valuation office - authority of company director to initiate proceedings on company's behalf - requirements of Order 84 RSC - whether company director has a right of audience to represent company - legal principles applicable to the right of audience on behalf of a company - general rule that company director is not entitled as a matter of law to represent a company in a winding up - position with regard to natural persons - position in EU law jurisprudence - EU Charter of Fundamental Rights - no exceptional circumstances justifying a departure from general rule that only suitably qualified legal professionals may appear in court on a company's behalf - no issue of EU arising which requires a preliminary reference to the ECJ

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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