Flanagan v Kennedy

The applicants sought leave to appeal from a decision of the Tribunal which set aside a judgment in their favour and dismissed their claim against the director of a company on the basis that the Tribunal did not have the authority to join the director. The applicants had brought proceedings against the company under consumer law and the company had no assets. The applicants sought to join the director of the company, but the Tribunal held that it did not have the authority to join the director. The applicants sought to appeal from that decision. The legal issues for determination were whether the Tribunal had grounds to join the director of the company and whether the Tribunal correctly exercised its discretion to join the director. The court held that the Tribunal had grounds to join the director of the company, as it had the inherent jurisdiction to do so, and that the Tribunal correctly exercised its discretion to join the director. The court held that the Tribunal’s decision to set aside the applicants’ judgment and dismiss their claim against the director was therefore wrong. The court granted leave to appeal, allowed the appeal, and set aside the Tribunal’s decision of 31 May 2016.