HM Secretary of State for Business Enterprise & Regulatory Reform, Re An Order To Wind Up UK Bankruptcy Ltd [2010] ScotCS CSIH_80 (21 September 2010)

HM Secretary of State for Business Enterprise & Regulatory Reform, Re An Order To Wind Up UK Bankruptcy Ltd [2010] ScotCS CSIH_80 (21 September 2010)

The Court of Session cannot permit a company to be represented by an unqualified person such as a director; the rule restricting rights of audience is not in desuetude and can only be changed by legislation, not by judicial discretion or inherent power. Mr Mason's attempt to represent the company was unauthorised and invalid.

Citation
[2010] ScotCS CSIH_80
Parties
Petitioner: Her Majesty's Secretary of State for Business Enterprise and Regulatory Reform; Respondent: UK Bankruptcy Limited; Lord Advocate: Miss Ross; Advocate General for Scotland: Lord Davidson of Glen Clova QC; Amicus Curiae: Clark QC; Amicus Curiae: D G Hamilton
Jurisdiction
Scotland
Judgment Date
21 September 2010
Procedural Posture
Petition for Winding Up / Inner House Review Following Lord Ordinary's Report
Outcome
Direction to Lord Ordinary to decline to accept Mr Mason as representative of the company and to refuse writs signed by him.
Legal Topics
Rights of Audience, Representation of Artificial Persons, Article 6 ECHR, Winding Up Proceedings
Company Law Civil Procedure Human Rights Rights of Audience Representation of Artificial Persons Article 6 ECHR Winding Up Proceedings

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Parties

Her Majesty's Secretary of State for Business Enterprise and Regulatory Reform

Petitioner

UK Bankruptcy Limited

Respondent

Miss Ross

Lord Advocate

Lord Davidson of Glen Clova QC

Advocate General for Scotland

Clark QC

Amicus Curiae

D G Hamilton

Amicus Curiae

Procedural Posture

Petition for Winding Up / Inner House Review Following Lord Ordinary's Report

Legal Issues

  1. 1 Whether a company may be represented in court by an unqualified person such as a director
  2. 2 Compatibility of the rule restricting rights of audience with Article 6 ECHR
  3. 3 Validity of writs lodged by unqualified persons

Ratio Decidendi

The Court of Session cannot permit a company to be represented by an unqualified person such as a director; the rule restricting rights of audience is not in desuetude and can only be changed by legislation, not by judicial discretion or inherent power. Mr Mason's attempt to represent the company was unauthorised and invalid.

Court Disposition

Direction to Lord Ordinary to decline to accept Mr Mason as representative of the company and to refuse writs signed by him.

Orders

  • Return case to Lord Ordinary with direction to decline Mr Mason's representation and refuse writs signed by him.