Battle and Another v Irish Art Promotion Centre Ltd

JurisdictionIreland
CourtSupreme Court
Judgment Date21 December 1968
Docket Number[1963. No. 595]
Date21 December 1968
Battle and Another
and
Irish Art Promotion Centre Ltd
(S.C.)

Whether defendant company may be represented by its managing director at hearing of action.

The applicant who was the managing director and a major shareholder of the defendant company, applied ex parte in the High Court for liberty to conduct the defence of the company on its behalf at the hearing of the plaintiffs' action. The application was refused by Davitt P., and, on appeal by the applicant it was held by the Supreme Court ( Ó Dálaigh C.J., Haugh and Walsh JJ.) that the appeal should be dismissed. Charles P. Kinnell & Co. v. Harding, Wace & Co.ELR [1918] 1 K. B. 405. Frinton & Walton U.D.C. v. Walton & District Sand & Mineral Co. Ltd.UNK[1938] 1 All E. R. 649 and Tritonia Ltd. v. Equity & Law Life Assurance SocietyELR [1943] A. C. 584 considered.

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52 cases
  • Allied Irish Banks Plc v Aqua Fresh Fish Ltd
    • Ireland
    • Court of Appeal (Ireland)
    • 2 March 2017
    ...proceedings – Exceptional circumstances – Appellant seeking to challenge the rule expressed in Battle v Irish Art Promotion Centre Ltd [1968] IR 252 that a company can only be represented in court proceedings by a solicitor or duly instructed counsel – Whether the rule in Battle applied to ......
  • McDonald v McCaughey Developments Ltd & McCaughey
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    • High Court
    • 31 July 2014
    ...DECLAN MCDONALD PLAINTIFF AND MCCAUGHEY DEVELOPMENTS LIMITED AND MARTIN MCCAUGHEY DEFENDANTS BATTLE v IRISH ART PROMOTION CENTRE LTD 1968 IR 252 SECRETARY OF STATE FOR BUSINESS v UK BANKRUPTCY LTD 2009 GWD 15-241 2009 CSOH 50 DUBLIN CITY COUNCIL v MARBLE AND GRANITE TILES LTD UNREP LAFFOY ......
  • Friends of the Curragh Environment Ltd v Trustees of the Turf Club
    • Ireland
    • High Court
    • 14 July 2006
    ...BORD PLEANÁLA & ORS 2000 4 IR 321 PLANNING AND DEVELOPMENT ACT 2000 S50 RSC O.63A RSC O.63A r1(g) BATTLE v IRISH ART PROMOTION CENTRE LTD 1968 IR 252 R v LORD CHANCELLOR (EX PARTE CHILD POVERTY ACTION GROUP) 1999 1 WLR 347 R (ON THE APPLICATION OF CORNER HOUSE RESEARCH) v SECRETARY OF STA......
  • Stella Coffey v Environmental Protection Agency
    • Ireland
    • Supreme Court
    • 25 June 2014
    ...... in itself to make the Aarhus Convention part of Irish domestic law. This, however, is not the case for two ... 28 'to a review procedure before a court of law or another independent and impartial body established by law to ......
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2 firm's commentaries
  • Is Legal Representation Required?
    • Ireland
    • Mondaq Ireland
    • 19 September 2014
    ...act in proceedings only where it can formally instruct legal representation. Footnotes (1) Battle v Irish Art Promotion Centre Limited [1968] IR 252 (on the basis that as an artificial entity it cannot represent itself). (2) Tougher v Tougher's Oil Distributors Limited [2014] IEHC 254. (3) ......
  • Limits To Company Representation In Litigation
    • Ireland
    • Mondaq Ireland
    • 13 May 2015
    ...a company is one that will be exercised sparingly. Footnotes (1) Allied Irish Banks plc v Aqua Fresh Fish Limited [2015] IEHC 184. (2) [1968] 1 IR 252, at p (3) [1981] IR 158, at p 172. (4) [2008] 1 IR 437. (5) GJ Mannix Limited [1984] 1 NZLR 309, at p 316. (6) [2013] IESC 11. (7) [2014] IE......
1 books & journal articles
  • The Development of the McKenzie Friend
    • Ireland
    • Irish Judicial Studies Journal No. 1-17, January 2017
    • 1 January 2017
    ...27[2016] IEHC 33. 28Walsh v. Minister for Justice and Equality & Ors. [2016] IESC 323. 29Battle v. Irish Art Promotion Centre Ltd. [1968] I.R. 252. 30Pablo Star Media Limited v. EW Scripts Company [2015] IEHC 828. [2017] Irish Judicial Studies Journal Vol 1 36 IRISH JUDICIAL STUDIES JOURNAL......

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