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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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When a limited company receives a court summons, who is responsible

Resolved Question:

When a limited company receives a court summons, who is responsible to attend?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 2 years ago.

Yes, the company has received a summons for failing to identify the driver a car registered to the company caught by a speed camera. As a director of the company I left my fellow director to deal with this but with the court appearance due on Friday I am not convinced that it has in fact been dealt with

Expert:  Jo C. replied 2 years ago.
Are any of the directors named?
Usually they summonsed the directors personally.
Customer: replied 2 years ago.

I'm not sure. As my fellow director has the paperwork I will need to look at it and get back to you. My feeling is that letters were just sent the 'The company'.

Expert:  Jo C. replied 2 years ago.
If it just the company then nobody is liable to attend.
Actually nobody is ever liable to attend a summons. You do not commit a bail act offence in failing to do so. The risk that the court will proceed in your absence and you will be liable for costs.
If the summons is genuinely in the company name then neither director is at risk of a contempt for failing to attend.
Usually though they cross summons the directors.
Either way it is a good idea to go since you will only be liable for the company debts in practice anyway.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69992
Experience: Over 5 years in practice
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