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Ask Buachaill Your Own Question
Buachaill
Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 10528
Experience:  Barrister 17 years experience
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A Director of a rival company has been found guilty of harrassing

Customer Question

A Director of a rival company has been found guilty of harrassing your company and you personally and is found guilty in a court of law by a case taken by the Garda and the DPP. We have proceeded to take a civil action for damages against this individual and his company. He has now disposed of his shares in this company to another director but continues to be a director of the company. how would our case against this company/individual proceed (I feel this case should proceed against this individual and the Company) can the company segregate this individual and walk away from the case. A solicitor acting for me has been in negotiations with a particular firm of solicitors acting for this company and this particular director and I have been informed today that a new firm of solicitors has been appointed to act for this individual but the original solicitor is still acting for the Company. What would be the purpose in appointing another solicitor to act for this individual.
Submitted: 1 year ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 1 year ago.
1. The whole aim of getting a new and different solicitor to act for the company is to insulate the company and its assets from your claim. Basically the defence will now be run that the harassment acts of an individual are outside the ambi
Expert:  Buachaill replied 1 year ago.
2. Basically, the defence will now e run that the harassment acts of an individual are outside the ambit of acts lawfully carried on by the artificial entity of a limited company, so no liability can be imposed. So in this way an admission of liability will be made by the individual but the company will deny liability to you and not pay you a cent.
Expert:  Buachaill replied 1 year ago.
3. This type of defence was more common when the rule of ultra vires or ambit of a company's lawful activities rule applied in Irish company law. This rule has now been abolished for Ireland. However, it still lives on in the minds of lawyers! Here, it is clearly in the minds of the company's lawyers.
Expert:  Buachaill replied 1 year ago.
4. Acts of harassment are always unlawful and they need a human entity to normally carry them out. Accordingly, the line will be run that an artificial legal entity, such as a limited company, which only exists on paper cannot be found liable for the personally motivated harassing acts of an individual director. So the argument will be that the company should not be liable even if the director is held liable.
Customer: replied 1 year ago.
what would you suggest i do ?
Expert:  Buachaill replied 1 year ago.
5. Basically, you need to assemble the evidence that the "directing mind" of the company engaged in the acts of harassment. Add a claim of conspiracy amongst all the directors of the company and not this one director so you rope in more than one director into the mix. This then defeats the notion of one director being a "lone ranger" separate from the company.
Expert:  Buachaill replied 1 year ago.
6. Please RATE the answer.
Buachaill and other Republic of Ireland Law Specialists are ready to help you
Customer: replied 1 year ago.
ok thank you for your help
Customer: replied 1 year ago.
Would you be available for a consultation in Dublin to discuss this case , if so what would be a rough cost
Expert:  Buachaill replied 1 year ago.
7. I regret to say that I will not be available for a consultation in Dublin. I no longer live in Ireland. So I would suggest you get yourself a barrister in Ireland to assist you in your case.
Customer: replied 1 year ago.
ok thank you
Expert:  Buachaill replied 1 year ago.
8. You are welcome. Best wishes with everything.

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