McDonald -v- McCaughey Developments Ltd & Anor [2014] IEHC 455 (31 July 2014)

McDonald -v- McCaughey Developments Ltd & Anor [2014] IEHC 455 (31 July 2014)

The High Court is bound by the Supreme Court decision in Battle v. Irish Art Promotion Centre, which holds that a company director or shareholder cannot represent the company in court proceedings, regardless of financial hardship, except in the rarest of exceptional circumstances. No such exceptional circumstances were found in this case.

Citation
[2014] IEHC 455
Parties
Plaintiff: Declan McDonald; First Defendant: McCaughey Developments Limited; Second Defendant: Martin McCaughey
Jurisdiction
Ireland
Judgment Date
31 July 2014
Procedural Posture
Civil / Interlocutory Application Regarding Right of Audience/representation
Outcome
Application refused
Legal Topics
Right of Audience, Corporate Representation in Court, Receivership, Access to Justice
Company Law Civil Procedure Right of Audience Corporate Representation in Court Receivership Access to Justice

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 15 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Declan McDonald

Plaintiff

McCaughey Developments Limited

First Defendant

Martin McCaughey

Second Defendant

Procedural Posture

Civil / Interlocutory Application Regarding Right of Audience/representation

Legal Issues

  1. 1 Whether a company director or shareholder may represent a company in court proceedings where the company lacks funds for legal representation
  2. 2 Whether exceptional circumstances exist to permit deviation from the general rule requiring legal representation for companies

Ratio Decidendi

The High Court is bound by the Supreme Court decision in Battle v. Irish Art Promotion Centre, which holds that a company director or shareholder cannot represent the company in court proceedings, regardless of financial hardship, except in the rarest of exceptional circumstances. No such exceptional circumstances were found in this case.

Court Disposition

Application refused

Orders

  • Refusal of application by Martin McCaughey to represent McCaughey Developments Limited in court proceedings