Allied Irish Bank plc v Aqua Fresh Fish Ltd [2018] IESC 49 (18 October 2018)

Allied Irish Bank plc v Aqua Fresh Fish Ltd [2018] IESC 49 (18 October 2018)

The Supreme Court held that the rule in Battle v. Irish Art Promotion Centre Limited remains the law, subject to the court's inherent jurisdiction to permit lay representation in exceptional circumstances. No such exceptional circumstances were established on the facts of this case, and thus the company could not be represented by Mr. Flynn, a non-lawyer.

Citation
[2018] IESC 49
Parties
Plaintiff/respondent: Allied Irish Bank plc; Defendant/appellant: Aqua Fresh Fish Limited
Jurisdiction
Ireland
Judgment Date
18 October 2018
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Right of Audience, Company Representation in Court, Access to Justice, Exceptional Circumstances, Legal Personality
Civil Procedure Company Law Constitutional Law Right of Audience Company Representation in Court Access to Justice Exceptional Circumstances Legal Personality

Case Brief

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Parties

Allied Irish Bank plc

Plaintiff/respondent

Aqua Fresh Fish Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From Court of Appeal

Legal Issues

  1. 1 Whether a company may be represented in Superior Court proceedings by a non-lawyer (lay person)
  2. 2 Whether the rule in Battle v. Irish Art Promotion Centre Limited remains good law
  3. 3 Whether exceptional circumstances exist to permit lay representation of a company in this case

Ratio Decidendi

The Supreme Court held that the rule in Battle v. Irish Art Promotion Centre Limited remains the law, subject to the court's inherent jurisdiction to permit lay representation in exceptional circumstances. No such exceptional circumstances were established on the facts of this case, and thus the company could not be represented by Mr. Flynn, a non-lawyer.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.