Battle v Irish Art Promotion Centre Ltd

Facts

The company was sued. Its managing director and principal shareholder wished to conduct the company's defence himself, because the company could not afford a lawyer.

Issue

Could a director and shareholder appear in court on behalf of the company?

Held

No. The Irish Supreme Court held that the company is a separate person and, as a general rule, can appear in the superior courts only through a lawyer.

Principle

Because a company is a separate legal person, its controller cannot appear for it in person as of right.

Why it matters

It is an Irish decision and only persuasive. Local rules of court decide the point in Sierra Leone.

For study only. By lanbuk.com. Always check current sources and consult a qualified professional.