Sunrule Ltd v Avinue Ltd [2003] EWCA Civ 1942 (26 November 2003)

Sunrule Ltd v Avinue Ltd [2003] EWCA Civ 1942 (26 November 2003)

The refusal to allow Sunrule Limited to be represented by a lay representative (Mr Boyd) in the small claims track proceedings was a breach of Practice Direction 27, resulting in an unfair trial. The Practice Direction permits a company to be represented by a lay representative who is not necessarily an officer or employee. The appeal was allowed and the previous judgment set aside.

Citation
[2003] EWCA Civ 1942
Parties
Claimant/applicant: Sunrule Limited; Defendant/respondent: Avinue Limited
Jurisdiction
England and Wales
Judgment Date
26 November 2003
Procedural Posture
Civil Appeal / Appeal From Central London County Court Decision to the Court of Appeal (civil Division)
Outcome
Appeal allowed
Legal Topics
Lay Representation, Small Claims Track, Corporate Party Representation, Rights of Audience
Civil Procedure Lay Representation Small Claims Track Corporate Party Representation Rights of Audience

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Parties

Sunrule Limited

Claimant/applicant

Avinue Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Central London County Court Decision to the Court of Appeal (civil Division)

Legal Issues

  1. 1 Whether a company may be represented by a lay representative who is not an officer or employee in small claims track proceedings
  2. 2 Whether refusal to allow lay representation resulted in an unfair trial

Ratio Decidendi

The refusal to allow Sunrule Limited to be represented by a lay representative (Mr Boyd) in the small claims track proceedings was a breach of Practice Direction 27, resulting in an unfair trial. The Practice Direction permits a company to be represented by a lay representative who is not necessarily an officer or employee. The appeal was allowed and the previous judgment set aside.

Court Disposition

Appeal allowed

Orders

  • Permission to appeal granted
  • Appeal allowed