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Company’s interest in litigation could be assigned to and pursued by natural person
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Supreme Court allows appeal from Court of Appeal, and determines that a company's interest in litigation might in principle be assigned to a natural person to pursue the action, irrespective of whether the purpose of the assignment was to avoid the rule that a company be represented by a lawyer rather than a director or shareholder.
Woulfe J (majority judgment): Appeal from Court of Appeal - provider of heating and airconditioning systems - claim against English manufacturer and distributer - 1998 exclusive distribution agreement - tender by English company for project in Ireland - alleged breach of exclusive agreement - whether project covered by agreement - 2005 action - assignment of claim by company to natural person - previously managing director and majority shareholder of company - whether assignment of action was invalid and an abuse of process - attempt by director or shareholder to represent company - attempt to circumvent rule that company be represetned by lawyer - admission to Supreme Court as matter of general public importance - whether public policy precluded the assignment of a cause of action - whether assignment valid - s. 28(6) of the Supreme Court of judicature Act (Ireland), 1877 - assignment to be absolute - debtor to be given notice in writing of assignment - champerty - maintenance.
Concurring judgments by Hogan J and Muray J.
Dissenting judgment by Charleton J.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
