The parties had for several years been involved in litigation and arbitration. Apollo’s funds had run out and a director sought permission to represent the company before the court. He had asked the court to make an order under article 6 of the European Convention on Human Rights which would allow him to represent the company.
Held: The court refused the motion enrolled by Mr Politakis in his own name. He was invited to make submissions on his own behalf, and he did so both orally and in writing. The court held that it was well established by the authorities that Scots law does not permit a company to be represented by a director or an employee of the company. It can be represented only by an advocate or a solicitor with a right of audience. The court also refused leave to appeal to the Supreme Court.
Judges:
Lady Paton, Lord Reed, Lord Bracadale
Citations:
[2012] ScotCS CSIH – 4, 2012 SC 282, [2012] CSIH 4, 2012 GWD 5-82
Links:
Statutes:
European Convention on Human Rights 6, Court of Session Act 1988 88
Jurisdiction:
Scotland
Citing:
See also – James Scott Limited v Apollo Engineering Limited and others SCS 24-Jan-2000
. .
See Also – Apollo Engineering Ltd v James Scott Ltd SCS 7-Mar-2008
Outer House – Court of Session . .
Cited – John G McGregor (Contractors) Ltd v Grampian Regional Council HL 1991
The House dismissed the Council’s appeal as incompetent. An opinion of the court upon questions of law given on consideration of a case stated under provisions such as those in section 3 of the 1972 Act did not constitute a ‘judgment’ within the . .
Cited – Apollo Engineering Ltd v James Scott Ltd SCS 21-May-2009
Application for judicial review of arbitration . .
Cited by:
At SCS – Apollo Engineering Ltd v James Scott Ltd (Scotland) SC 13-Jun-2013
After long running litigation between the parties, a shareholder and director of Apollo sought to represent the company in person. He was refused leave by the Court of Session, and now sought to appeal. The Court considered the possibility of an . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Constitutional
Updated: 09 July 2022; Ref: scu.450339