|Article - Civil/Commercial Litigation|
suppliers have breached the contract they have with us and we want to take
action against them. Must the company sue the suppliers or can the
directors sue on the company's behalf?
a contract was entered into between your suppliers and the company, then
proceedings must be commenced in the company name. If your company is
trading under another name then it may be described as A Limited trading
note that if the company is run by a board of directors, one director
alone cannot institute proceedings on behalf of the company. The decision
must be made by the board collectively.
your company is in liquidation, you can only sue through the liquidator,
although the company is still referred to in the proceedings by its own
name. This is also the case if your company is in receivership or
is expensive. Must our company instruct lawyers to represent us in court
if our claim proceeds to trial?
1998 the Civil Procedure Rules (CPR) drastically changed the way
litigation is conducted. Until the implementation of the CPR, it was
normal for companies to use lawyers to pursue a claim through the court.
However, (sadly for lawyers) your company can now be represented at trial
by one of itís employees if:
I am the
director of a company that may have been trading whilst insolvent and I am
concerned about my personal position. What can I do?
could potentially be personally liable for any debts the company incurs
after you became aware it was insolvent. You could also be disqualified
from acting as a director for between two and 15 years.
try and avoid either of these scenarios, you should do some or all of the
Article First Published: 25 January 2004
The views on this website are not necessarily those of the Student Law Journal and is not intended to provide legal advice. Any legal problems should be specifically addressed to a solicitor.
© Student Law Journal, 2001 - All Rights Reserved