Written answers
Tuesday, 18 November 2014
Department of Jobs, Enterprise and Innovation
Company Law
Fergus O'Dowd (Louth, Fine Gael)
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217. To ask the Minister for Jobs, Enterprise and Innovation his views on correspondence (details supplied) regarding the Companies Bill 2012; and if he will make a statement on the matter. [44292/14]
Richard Bruton (Dublin North Central, Fine Gael)
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As the law stands, companies cannot be represented in court by their directors, but must engage separate legal representation. This follows from the Supreme Court’s decision in the case of Battle v Irish Art Promotion Centre[1968 IR252]. The rule in the Battle case was endorsed in 2013 by the Supreme Court in "In the Matter of Applications for Orders in Relation to Costs in Intended Proceedings by Stella Coffey and others".
As part of its current Work Programme, the Company Law Review Group is examining this issue and I expect the Group to report back by March 2016 with recommendations, if any.
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