Can an in-house solicitor represent an employer in court?
I am a retired solicitor now employed as in-house counsel for a limited company litigant. Can I represent my employer in court?
Under Part 39.6 of the Civil Procedure Rules, a company may appear at a hearing through a duly authorised employee by permission of the court.
Permission should be sought in advance of the hearing and will usually be granted, unless there is some particular and sufficient reason why it should be withheld.
The court will take into account:
- whether the company is able to afford legal representation
- the ability of the proposed representative to do the work, and
- whether the representative is able to understand and discharge the obligations involved in the litigation
Permission will not normally be granted for jury trials and contempt proceedings.
Paragraph M.3.1 of the Commercial Court Guide (11th edition, 2022, revised July 2023) intimates that, because of their complexity, it is unsuitable in most Commercial Court cases for a company litigant to be represented by an employee.
Disclaimer
While every effort has been made to ensure the accuracy of the information in this article, it does not constitute legal advice and cannot be relied upon as such. The Law Society does not accept any responsibility for liabilities arising as a result of reliance upon the information given.
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