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Private Ltd Claimant

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  • Private Ltd Claimant

    Where a Private LTD brings a small claim, who attends for the company can a employee who is familiar with the claim bring the claim and solely attend for and on behalf of the company?
    Tags: None

  • #2
    If a limited company sues another limited company anyone respresenting the company can attend the hearing provided the company provides that individual with written authorisation
    If a limited company is sueing an individual they need to follow the civil prorceedure rules prior to issuing a claim form. The same authorisation would apply is the company sends someone to represent them.


    • #3
      Note that the court's permission is also required

      CPR 39.6

      "A company or other corporation may be represented at trial by an employee if

      (a) the employee has been authorised by the company or corporation to appear at trial on its behalf; and

      (b) the court gives permission." .


      • #4
        Also see PD 22 at 3.4


        • #5
          This is very helpful. At what point would you inform the court that an employee has authorisation, and to whom? The employee has full knowledge about the transaction, issued the particulars, provided the witness statement, the court has ordered a court bundle this is agreed with the defendant it will simply be both parties witness statements and exhibits, the employees witness statement states that he is the claims manage has detailed knowledge of the claim and is authorised by the company, will that be enough for a small claim hearing?


          • #6
            Having looked further and realised this is small claims , according to CPR 27 3.2(4) you do not need court's permission.

            However to avoid problems a letter/email to the court from the board of directors confirming employee Joe Bloggs will represent your company will not go amiss.
            I would send any time prior to two weeks before the hearing in the hope the letter will get to the right file on time!


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