Bank of Baroda & Ors v GVK & Ors

Bank of Baroda & Ors v GVK & Ors

Mr Nayar is not an employee of the Defendants and does not meet the requirements for representation under CPR 39.6 or the Commercial Court Guide. There is insufficient evidence that the Defendants could not obtain qualified legal representation. The public interest in maintaining the statutory scheme for rights of audience outweighs any disadvantage to the Defendants. The Court declines to exercise its discretion to grant Mr Nayar a right of audience.

Parties
Claimants: Bank of Baroda and others; Defendants: GVK and others
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Commercial Court Civil Claim / Ruling on Application for Right of Audience and Adjournment
Outcome
Application for right of audience for Mr Nayar refused.
Legal Topics
Right of Audience, Representation of Companies, Adjournment Applications
Civil Procedure Right of Audience Representation of Companies Adjournment Applications

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Parties

Bank of Baroda and others

Claimants

GVK and others

Defendants

Procedural Posture

Commercial Court Civil Claim / Ruling on Application for Right of Audience and Adjournment

Legal Issues

  1. 1 Whether the Court should grant a right to Mr Nayar to address the Court and make submissions on behalf of the Defendants for the adjournment application

Ratio Decidendi

Mr Nayar is not an employee of the Defendants and does not meet the requirements for representation under CPR 39.6 or the Commercial Court Guide. There is insufficient evidence that the Defendants could not obtain qualified legal representation. The public interest in maintaining the statutory scheme for rights of audience outweighs any disadvantage to the Defendants. The Court declines to exercise its discretion to grant Mr Nayar a right of audience.

Court Disposition

Application for right of audience for Mr Nayar refused.

Orders

  • Mr Nayar is not permitted to address the Court on behalf of the Defendants for the adjournment application.