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DBinder1974

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About DBinder1974

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  1. Hello! This is my first thread so look forward to reading the responses. I wish to file a claim (c£3,000) against my previous landlady. She agreed to pay costs we directly bore (moving, hotel, storage, etc) because the house was not in move-in condition at the start of our lease. She then reneged after we bore these costs and moved in. We withheld rent which she in turn withheld from our deposit when we moved out, and we have been unable to reach an agreement since. The landlady is Brazilian and resides in, and is domiciled in, Brazil. I know I need to file an N510 form but am unsure how to complete it. I need to tick a box on the form to explain the basis for why the claim form can be served out of jurisdiction without the permission of the court. Can someone please advise? My best guess is either 6.33(1)(b)(ii) or 6.33(2)(b)(ii) but I can't tell why I would prefer one over the other, or if either is correct! The form reads as follows: Please tick one of the following boxes as your statement of why the claim form can be served out of the jurisdiction without the permission of the court. Also delete anything in square brackets that does not apply. In proceedings to which rule 6.32(1)(b)(i) or 6.33(2)(b)(i) applies, the statement is — “I state that the [High Court of England and Wales] [ County Court] has power under the [Civil Jurisdiction and Judgments Act 1982] [Judgments Regulation (as defined in CPR rule 6.31(d))] to hear this claim, that the defendant is domiciled in [the United Kingdom] [a Member State] and that no proceedings are pending between the parties in the courts of any other part of the United Kingdom or any other Member State.” In proceedings to which rule 6.32(1)(b)(ii) applies, the statement is — “I state that the [High Court of England and Wales] [ County Court] has power under the Civil Jurisdiction and Judgments Act 1982, the claim being one to which paragraph 11 of Schedule 4 to that Act applies, to hear this claim and that no proceedings are pending between the parties in the courts of any other part of the United Kingdom.” In proceedings to which rule 6.32(1)(b)(iii) applies, the statement is — “I state that the [High Court of England and Wales] [ County Court] has power under the Civil Jurisdiction and Judgments Act 1982, the defendant being a party to an agreement conferring jurisdiction to which paragraph 12 of Schedule 4 to that Act applies, to hear this claim and that no proceedings are pending between the parties in the courts of any other part of the United Kingdom.” In proceedings to which rule 6.32(2) or 6.33(3) applies, the statement is — “I state that the [High Court of England and Wales] [ County Court] has the power to hear this claim under [state the provisions of the relevant enactment or Community instrument] which satisfies the requirements of [CPR rule 6.32(2)] [CPR rule 6.33(3)] and that no proceedings are pending between the parties in the courts of any other part of the United Kingdom, in any other Convention territory of any Contracting State (as defined in section 1(3) of the Civil Jurisdiction and Judgments Act 1982) or in any other Member State.” In proceedings to which rule 6.33(1)(b)(ii) applies, the statement is — “I state that the [High Court of England and Wales] [ County Court] has power under the Civil Jurisdiction and Judgments Act 1982, the claim being one to which article 16 of Schedule 1 or article 16 of Schedule 3C to that Act applies, to hear this claim and that no proceedings are pending between the parties in the courts of any other part of the United Kingdom or any other Convention territory of any Contracting State (as defined in section 1(3) of that Act).” In proceedings to which rule 6.33(1)(b)(iii) applies, the statement is — “I state that the [High Court of England and Wales] [ County Court] has power under the Civil Jurisdiction and Judgments Act 1982, the defendant being a party to an agreement conferring jurisdiction to which article 17 of Schedule 1 or article 17 of Schedule 3C to that Act applies, to hear this claim and that no proceedings are pending between the parties in the courts of any other part of the United Kingdom or in any other Convention territory of any Contracting State (as defined in section 1(3) of that Act).” In proceedings to which rule 6.33(2)(b)(ii) applies, the statement is — “I state that the [High Court of England and Wales] [ County Court] has power under the Judgments Regulation (as defined in CPR rule 6.31(d)), the claim being one to which article 22 of that Regulation applies, to hear this claim and that no proceedings are pending between the parties in the courts of any other part of the United Kingdom or any other Member State.” In proceedings to which rule 6.33(2)(b)(iii) applies, the statement is — “I state that the [High Court of England and Wales] [ County Court] has power under the Judgments Regulation (as defined in CPR rule 6.31(d)), the defendant being a party to an agreement conferring jurisdiction to which article 23 of that Regulation applies, to hear this claim and that no proceedings are pending between the parties in the courts of any other part of the United Kingdom or any other Member State.” In proceedings to which rule 6.33(1)(b)(i) applies, the statement is— “I state that the [High Court of England and Wales][ County Court] has power under the Civil Jurisdiction and Judgments Act 1982 to hear this claim, that the defendant is domiciled in [the United Kingdom] [a Convention territory of a Contracting State (as defined in section 1(3) of the Act)] and that no proceedings are pending between the parties in the courts of any other part of the United Kingdom or any other Convention territory of any Contracting State. Many thanks!
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