Suing from England & Wales an entity in Scotland or Northern Ireland

[rory32]

Okay. I see. In answer to your question, no you would not have to fill out another form. The forms or writ would just have to be served properly.

[legalpickle]

Okay. I see. In answer to your question, no you would not have to fill out another form. The forms or writ would just have to be served properly.

Sorry, the word "another" makes it unclear.

 

Would one in Scotland or Northern Ireland suing an entity in England or Wales need to fill in the same form as somebody in England or Wales suing an entity in Scotland or Northern Ireland, or no form?

 

If no form, why? Us suckers in England & Wales have to fill in a form, why shouldn't Scots or those in Northern Ireland fill in the same or similar?

[rory32]

Would one in Scotland or Northern Ireland suing an entity in England or Wales need to fill in the same form as somebody in England or Wales suing an entity in Scotland or Northern Ireland, or no form?

Someone in Scotland suing an entity in England, Wales or NI would not have to fill in another form.

 

If no form, why? Us suckers in England & Wales have to fill in a form, why shouldn't Scots or those in Northern Ireland fill in the same or similar?

If you are writing a Details of Claim (Scotland) then the first statement that should be made on it is why the court has jurisdiction. Edited October 19, 2008 by rory32

[rory32]

NI law is more closely aligned to English law, so you may have to fill out a form. Scots law is a completely seperate legal system based on Roman and Canon law and has evolved quite seperately in how things are done (although the two legal system usually agree on points of law).

[legalpickle]

Someone in Scotland suing an entity in England, Wales or NI would not have to fill in another form.

I now assume by "another form" you mean, in addition to the Scottish Claim Form?

 

If you are writing a Details of Claim (Scotland) then the first statement that should be made on it is why the court has jurisdiction.

So there is a clause that needs to be entered - as used to be in English law - till 1st October 2008* [start of the legal year], which is when the form came out - which is what, please?

 

*On the bottom left hand corner of most English court forms is the month and year they came out. The N510 says (10.08) and I believe that all forms or protocols released in October are released on 1st October which is the start of the new legal year, at least in England & Wales.

 

My original question was whether a clause needed to be entered or a form filled in.

 

NI law is more closely aligned to English law, so you may have to fill out a form. Scots law is a completely seperate legal system based on Roman and Canon law and has evolved quite seperately in how things are done (although the two legal system usually agree on points of law).

Any idea's on how to find the rule that would apply for Northern Ireland?