From 1 March 2012 the Rules of The Royal Court in Jersey regarding bodies corporate being represented by its Directors in respect of Court proceedings are changing.
If a body corporate wishes to appear by a Director then it is incumbent on the body corporate to make an early decision as to who is best placed to represent its interests, to ensure that the Director is duly appointed and to make sure that if they are unavailable for any hearing that leave of the Court is sought in good time to appoint an alternative.
Within 7 days of the first hearing of the matter the body corporate must file with the Court and send to all parties involved in the action
- a declaration of the name of the Director and, if different from the address for service of the body corporate, the Director's address, and
- a copy of the resolution or other instrument of the body corporate by which the Director is so authorized.
Failure to do so could result in the Court staying or even striking out a claim brought by the body corporate or giving judgment against it.
Only the named Director may appear at any hearing without leave of the Court being given, although applications to change the name of the appointed Director may be made to the Court given sufficient notice.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.