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Max Lowry
Max Lowry, Advocate
Category: UK Law
Satisfied Customers: 1457
Experience:  LLB, 10 years post qualification experience
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Does the right to a fair trial apply to a Ltd Company as well

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Does the right to a fair trial apply to a Ltd Company as well as an individual person? If so can you point me in the direction of what act and reference within it applies please?

Thank you.

Max Lowry :

Hi, welcome to the site. I will help you with your question.

Max Lowry :

My name is Max.

Max Lowry :

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).

Customer:

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?

Max Lowry :

If it's not allowed to defend itself, that would seem unfair to me, yes.

Max Lowry :

Substitution isn't necessarily unfair, but it must be given the right to defend itself.

Customer:

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.

Customer:

I am appealing the Judgment and I wanted to be sure of my argument(s) the Interpretation Act really helps - thank you.

Max Lowry :

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.


 

Max Lowry :

You're welcome.


 

Customer:

And not withstanding that a Court as I understand it can make any Judgment it wants - presumably it has to be within the law?

Max Lowry :

Of course, all judgments must be within the law, and they should get the law right. If they don't, then you can appeal.

Max Lowry :

If this answers your question, would you rate the answer as highly as you can for me please.


 

Customer:

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!

Max Lowry :

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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