Allied Irish Banks Plc -v- Aqua Fresh Fish Ltd [2017] IECA 77 (02 March 2017)

Allied Irish Banks Plc -v- Aqua Fresh Fish Ltd [2017] IECA 77 (02 March 2017)

The rule in Battle v. Irish Art Promotion Centre Ltd remains binding: a company may only be represented in court by a solicitor or counsel. The Court of Appeal found that none of the circumstances advanced by Mr. Flynn (impecuniosity, unique business, sole directorship, or delays) amounted to exceptional circumstances justifying an exception. Impecuniosity alone is not sufficient. The appeal was dismissed.

Citation
[2017] IECA 77
Parties
Plaintiff/respondent: Allied Irish Banks PLC.; Defendant/appellant: Aqua Fresh Fish Limited
Jurisdiction
Ireland
Judgment Date
02 March 2017
Procedural Posture
Civil Appeal / Appeal From High Court Decision Refusing Leave for Company Director to Represent Company in Court
Outcome
Appeal dismissed
Legal Topics
Right of Audience, Corporate Representation, Access to Courts, Self Representation, Exceptional Circumstances Exception
Company Law Civil Procedure Constitutional Law Right of Audience Corporate Representation Access to Courts Self Representation Exceptional Circumstances Exception

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Parties

Allied Irish Banks PLC.

Plaintiff/respondent

Aqua Fresh Fish Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court Decision Refusing Leave for Company Director to Represent Company in Court

Legal Issues

  1. 1 Whether a company director or officer (non-lawyer) may represent a company in court proceedings
  2. 2 Whether the rule in Battle v. Irish Art Promotion Centre Ltd [1968] I.R. 252 remains binding law
  3. 3 Whether exceptional circumstances exist to justify an exception to the rule prohibiting non-lawyer corporate representation

Ratio Decidendi

The rule in Battle v. Irish Art Promotion Centre Ltd remains binding: a company may only be represented in court by a solicitor or counsel. The Court of Appeal found that none of the circumstances advanced by Mr. Flynn (impecuniosity, unique business, sole directorship, or delays) amounted to exceptional circumstances justifying an exception. Impecuniosity alone is not sufficient. The appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Refusal of leave for Mr. Flynn to represent Aqua Fresh Fish Limited in court proceedings
  • Company must be represented by solicitor or counsel if it wishes to defend the proceedings