Written answers

Tuesday, 6 December 2016

Department of Justice and Equality

Court Procedures

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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88. To ask the Minister for Justice and Equality the advice that can be given to a person (details supplied) looking for information on a High Court case that was taken against that person's company by the Central Bank in 1999 and 2000; and if she will make a statement on the matter. [38548/16]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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As the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service which is independent in exercising its functions, which include the provision of information on the courts system.

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that a litigant cannot be represented before the courts by a lay person. A company as a litigant possesses a legal personality in its own right and accordingly requires representation by a practising solicitor. Consequently no individual, whether director, shareholder or otherwise of a company, may represent that company. This principle equally extends to the examination of court records held on court files, access to which is restricted to solicitors representing a company in a case. In addition, those records are not subject to the provisions of the Freedom of Information Act. The Courts Service has informed me that it is not aware of having received an FOI request to access documents as mentioned. However, if additional details are supplied, the Courts Service will make further enquiries into the matter.

The Deputy makes reference to the individual concerned not being allowed to attend a court case. The Constitution provides that justice shall be administered in public, save in such special and limited cases as may prescribed by law, and members of the public are therefore permitted access to court hearings dealt with in public.

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