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Can the previous director sign the counterclaim on behalf of…

Can the previous director sign...
Can the previous director sign the counterclaim on behalf of my company?
I puchased a company based in UK , currently my company has dispute with the recruitment agent. Since I stay in Australia at that time, I authorised the previous director of my company to sign the counter-claim form on behalf of my company and I paid the fee of 225GBP.
According to Notice of pursuit of counterclaim Form 6CC, I thought it was fine.The only mistake was that he put director not previous director on the form by mistake, as not enough space.
Notice of pursuit of counterclaim Form 6CC, states that You can sign this form if:you are making the counterclaim yourself ;you are authorised to sign on behalf of the defendant;Or, you can authorise your lawyer to sign this form on your behalf.

Now the claimant's solicitor said they won't accept this counter-claim, as he is not the current director, they asked me sign the counter-claim form with original signature again and post back to UK. I can not understand why I should fill again and pay again? I thought this is unnessary , he was authorised by me and the claimant and defendant will always between the companies and not the individual member of the companies, whoever signed on behalf is irrelevant . Am I right? please advice.
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Answered in 5 hours by:
6/26/2010
UK-Justice
UK-Justice, Barrister
Category: UK Law
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Experience: Called to the Bar in 2007
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You can appoint him as agent and then he can sign it on behalf of the company.
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Customer reply replied 8 years ago
His current company is acting as agent to help my company starting, we had signed agent agreement between two companies. is that mean he can sign on behalf of my company?
Yes, that is fine then. Just confirm it in writing so he can show the Solicitor - but the Counter claim needs to be signed by him as 'agent'.
UK-Justice
UK-Justice, Barrister
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Customer reply replied 8 years ago
The counter claim form already submitted and he put 'director' by mistake . Can he provide a witness statement to explain this and confirm he should put 'agent' although he was previous director. Is it correct way to clarify? If not, please help. Thanks
If it is a particulars of claim, just serve an amended copy with the correct title on. Or yes, a very short statement will be fine.

In any event service has been effected as per rule 6.
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Customer reply replied 8 years ago

With the permission of the Court, please advice which is the best way to sort it out straight away?

1) the previous director(Agent) file an amendment to the Defence and Counterclaim and lodge it with the court and the solicitor of claimant with a witness statement from him confirming why he signed the statement in the capacity of a Director.

2) I contact the court and ask whether I can file and amendment to the Defence and Counterclaim with supporting documentation. of course this will post from Australia to UK.

 

1) File an amended Defence and Counterclaim but signed by him as agent. That is all you need do.
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Customer reply replied 8 years ago
Followed your idea, he submit the application of amendment to the court asking court to amend the title from "director " to "Agent" together with statement ,letter of Authrization and requested to be dealt with without a hearing since this was requested by the claimant. Now the solicitor of claimant refused, he said he has written to the Derby County Court requesting that this application be listed at the same time as the application to add Leaworks Ltd ( my agent )as Second Defendant. 1) this is such simple amendment, why need hearing? especially this amendment requested by the claimant. Can I ask court consider not deal with this with hearing 2) I can not make the date he want, if the court think a hearing will be necessary , can I choose a date I available.
1) A hearing is not necessary but do not worry - the Judge will consider the overriding objective of dealing with cases justly.
2) You can ask the court (and claimant) for a telephone hearing.
UK-Justice
UK-Justice, Barrister
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Customer reply replied 8 years ago

Thank you. your answer make me feel confortable.

Another solicitor Clare Kaudeur told me."The Defence needs to be signed by the Defendant and as it is a company this will be a director or secretary. They are probably objecting because the defence is still signed by the wrong person.You will have to get the court documents signed by the defendant and re-serve them. Hopefully they will agree to it once it is correct. You can then provide the authorisation to the other side asking for correspondence to be copied to you.Only a director or secretary of the defendant company sign or their solicitor. If you are not one of these then you cannot sign any of the pleadings on their behalf. "

the original email from the solicitor of claimant said"

Why did Mr Lee sign this document as a Director of your company and do you intend to continue running the defence andcounter-claim set out in that document?

If so, the document needs to be filed with the Court and with ourselves containing a Statement of Truth signed by you and properly dated. . This must contain an original signature and the document can be emailed and scanned to us and to the court, or posted.." following the request and your idea, I asked Mr lee submit the amendment.

Please let me know if another solicitor said correctly? Is that the reason why they refuse?can I sign the amendment n244 form and resubmit again instead of Agent? Please , let me feel more confidence?

Yes, you can submit a statement or even make an application in Court on N244. The Court will take a reasonable view.
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