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Avinue Limited v Sunrule Limited, Court of Appeal, 26 November 2003

1 December 2003
The issues

Small Claims – Company – Corporate Litigant – Lay Representative – Rights of Audience.

The facts

The Defendant Company was involved in litigation in the Central London County Court. An issue arose over the representation of the Company. The Judge on Appeal from the District Judge held that the individual who had advised the Director was neither Officer nor employee of the Defendant Company and therefore would not be entitled to act as a lay representative.

The Defendant appealed.

The decision

1. The Trial involving a corporate body would require representations to be made either by an office or employee of the company.

2. However, the requirements of Part 39.6 did not apply to Small Claims Track actions. The meaning of “lay representative” was wide and it was clear from the Practice Direction that a lay representative was entitled to represent a corporate party in small claims proceedings, even if he was not an officer or employee with the company.

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