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I am after a bit of help here par favor.

 

I have been using the online arm of a company for some business. The companies web site can be accessed from typing www.anyinternetaddress.co.uk but it does change to .com when you hit the home page.

 

The plc is anyinternetaddress.plc

 

As the plc's business address is in london, I have sued the plc. The plc shows seperate in its accounts profits from its internet division infact it praises it for helping it through hard times.

 

The plcs solicitors have made an application to strike out because I have no contract with the plc, its with the internet arm which is based offsure.

 

My arguement is that while it is offshore, the plc is being enriched by me not being paid. If I sue BandQ, I sue Kingfisher. If I sue Halifax, I am now sueing HBOS plc so why is it any different because this plc has an arm offshore.

 

I do need some advice on this one please.

Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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Hi

Any help please. Just received a costs estimate for the application hearing of just over 1000 so need some advice please

Thanks

Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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The choice of defendant is not just based on enrichment of the Holding company which is in charge of the subsidiaries, for example B&Q Plc was sued for a personal injury claim rather than King Fisher, but is based on a whole host of other factors. Without going into too much detail, if the Plc had control and management of the subsidiary and the UK office had all the documentation for the claim, then in IMO, a claim would be better brought against the Holding company rather than the subsidiary under the doctrine of forum non conveniens. This is a binding precedent as per the House of Lords in Lubbe and Others and Cape Plc [2000].

 

When you signed the contract with the subsidiary, who were you contracting with and under what jurisdiction? It could be argued that the above argument nullifies the jurisdiction but in the Court of Appeal in Evans Marshall & Co Ltd v Bertola SA [1973], despite the fact that the contract stated that all parties submit to the jurisdiction of Spain, the stay of proceedings in the English Court was dismissed and the case was adjudicated in the English Court, and not Spanish. One has to take into consideration the decision by the House of Lords in Trendtex Trading Corporation and another v Credit Suisse [1981] where foreign jurisdiction was indeed upheld and the action in the UK was stayed. The main reasons for that apart from the assignment of the debt were that the two litigating companies were Swiss, both parties agreed that the Court of Geneva would have jurisdiction whilst in your case, this is a term of contract which is not open to negotiation thus it can't be said that both parties agreed, and that for the purposes of justice, a foreign court would be better suited to judge on the legality of the issue.

 

If you want to try and serve on the subsidiary from a UK court, then you are going outside the jurisdiction and that has its own CPR rules, international treaties (Brussels Convention for one), etc.

 

My advice, keep it simple because as soon as you go international, £1000 for costs is cheap then.

 

So in brief, if they have the accounts department in the UK, and dealt with your complaint by an escalation to the UK, etc., then you have a good chance of having proceedings continued against the Holding Plc. Also, submit costs to the other party and bring it with you to Court so if you do win, then you can seek costs for this hearing immediately. Remember, as a LiP, you are entitled upto 2/3 of what a legal representative would put in for costs so try and get a written quote for costs from solicitors as regards this claim, and base your costs on that. Make sure that your costs for hours does not exceed 2/3 of how much a solicitor would have charged and also put in costs for disbursements such as postage, ink, paper, etc.

 

Without re-inventing the wheel, have a look at this thread on costs...

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1701510.html

 

Ps. If the amount is indeed sizeable, then it might be worth seeking legal advice on a "no win no fee" basis or even under your household contents insurance policy if present, because with all due respect, as a LiP and in the context of jurisdiction and choice of defendant, most people are outside their depth.

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