This book is only available in PDF format 
Published: 31 August, 2004
Pages: 94

Introduction

Litigation involving companies is different from ordinary civil litigation. The differences can be considered under two broad aspects: the first concerns the fact that a company is a fictitious person. The consequence of this is that, where a company is a party to litigation, rules which work quite well for natural persons often have to be modified.

The second aspect arises out of the first. Because companies are fictitious persons created by the law, there are substantive rules governing their creation and operation. These rules give rise to litigation which would not occur in respect of natural persons.

As a result of these two aspects, special rules apply to company litigation. Knowledge of these rules is essential in order to conduct such litigation successfully. The first part of this seminar is devoted to rules concerning any litigation to which a company is a party; the second to company-specific litigation. Companies may be parties to litigation in any forum. In the case of disputes relating to the company itself, however, proceedings generally have to be commenced in the High Court.

Authors

Author(s): Sandra Grant, Andrew Beck