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My name is Max.
The rights that apply people in the Human Rights Act like this right to a fair trial apply equally to a company. This is because the Interpretatiopn Act 1978 states "person" means any natural person or body corporate (Schedule 1 of the 1978 Act).
Thank you, XXXXX XXXXX a company is substituted as a defendant in its absence and is not allowed to defend itself then would such a Judgment be unlawful?
If it's not allowed to defend itself, that would seem unfair to me, yes.
Substitution isn't necessarily unfair, but it must be given the right to defend itself.
I made an Application in the County Court to set aside the Judgment and the Deputy District Judge did not accept that The Human Rights Act applied to a body corporate.
I am appealing the Judgment and I wanted to be sure of my argument(s) the Interpretation Act really helps - thank you.
Hmmm... well, I have to disagree with him. It might be that you could seek permission to appeal, which if this was in a small claims matter, is easy to do via a circuit judge at the same court.
And not withstanding that a Court as I understand it can make any Judgment it wants - presumably it has to be within the law?
Of course, all judgments must be within the law, and they should get the law right. If they don't, then you can appeal.
If this answers your question, would you rate the answer as highly as you can for me please.
Max that's really helpful THANK YOU! So presumably in this case the Judgment was unlawful? Also nice to know that I'm not the only one working on a Sunday evening!
Haha.. us lawyers never stop working!! I don't know enough about your whole claim etc. to be able to tell you whether your appeal should succeed or not, but I can say that I do disagree about the DJ's view on the human rights act 1998. This applies to companies too.
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