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ARTICLE · 19 SEPTEMBER 2014

Is Legal Representation Required?

While companies must instruct legal representatives for the purpose of representing the company in proceedings, an individual may represent themselves.

IrelandLitigation, Mediation & Arbitration

Introduction

While it is well established that companies must instruct legal representatives for the purpose of representing the company in proceedings,1 an individual may represent themselves (essentially on a litigant in person/lay litigant basis) if they do not formally instruct a legal representative. A recent case2) has addressed the extent to which a party who has not instructed a practising lawyer may be assisted by another person in the presentation of his or her case. Although the decision is not novel, it is a useful restatement of some general principles regarding legal representation in proceedings before the Irish courts.

Background

The plaintiff applied to the High Court for permission for another individual (Mr O'Donoghue, a former solicitor) to have full rights of representation to represent him in an application by the first named defendant to strike out the proceedings and to vacate a lis pendens registered over property owned by the first

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