Suing a Scottish company from England

[legalpickle]

Hi,

 

I wrote this in the Broadband thread, but I think it should have been here. Sorry. I'm preparing a claim form against Thus PLC (Demon) and they're 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

[gyzmo]

Without checking, is it that bit which states whether English / Scots law or whatever would apply in the absence of written agreement otherwise?

[legalpickle]

Nope, it's something about that this court can have jurisdiction over the issue as one of the parties is domiciled in the relevant territory and no existing claims are going on the sane cause of action between the parties in any other court in any other territory. But there is a specific way to word it.

[legalpickle]

Called the court and they were helpful and gave it to me:

 

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 teritory 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).

[Calvin K]

How did it go?