Suing Thus PLC from England...

[legalpickle]

Hi,

 

Thus PLC (Demon) are a Scottish registered company and I am planning to issue proceedings against them for breach of contract in court in England. I remember from when I claimed my bank charges from RBS that there is a clause or statement to do with the Civil Jurisdiction and Judgments Act 1982 that needs to be written in the Particulars of Claim.

 

I've forgotten what it was. Can anybody please provide the text?

 

Ta

[locutus]

Trolling the boards... is this it?

 

"'I state that the High Court of England and Wales has power under the Civil Jurisdiction and Judgments Act 1982 to hear this claim and that no proceedings are pending between the parties in Scotland, Northern Ireland or another Convention territory of any contracting state as defined by section 1(3) of the Act."

[legalpickle]

Sorry, I posted it here without realizing that it was probably more apt for the other forum. I called the court and it is this;

 

This court has the power under the Civil Jurisdiction and Judgment Act 1982 to hear and determine the claim with regard to persons domiciled in a part of the United Kingdom (Schedule 4, Article 3 52(1) no proceedings involving the same cause of action are pending between the parties in Scotland, Northern Ireland or their convention territory of any contracting state as defined by Section 1(3) of the Civil Jurisdiction and Judgment Act 1982 (as amended by Section 2(5) of the Civil Jurisdiction Act 1991).

 

What you quoted may be correct for High Court claims, but a claim for £160 including the court fee and interest is hardly for the High Court!!!