Jump to content
schwepppes33

Suing a company in Scotland from England

style="text-align:center;"> Please note that this topic has not had any new posts for the last 2108 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

How do I sue a company in Scotland from England.

 

Already sent them the letter before claim etc.

 

 

Despite Scotland having no pre action conduct for the type of case in question,

their lawyer has already complained I used the English one which is apparently unsuitable for his client

- although everything in the letter already corresponds with Scottish requirements.

 

it seems I'll have to sue them in Scotland, the defendant says they aren't liable and besides I'm in England (HAHAHA YOU CAN'T TOUCH US).

 

Money owed is £750.00.

 

I should add that the law in question is a non-devolved matter, identical both sides of the border.

Share this post


Link to post
Share on other sites

They are also part of Europe and any country in Europe can be sued from England. Cross boarder litigation.

 

http://ec.europa.eu/civiljustice/publications/docs/guide_litiges_civils_transfrontaliers_en.pdf

 

If it was a paid on a card, do a chargeback.

Share this post


Link to post
Share on other sites

More a case that Scottish company hasn't paid for work provided to it for no reason other than they don't want to. Seriously. Attempts at resolving have all been ignored, apart from the first where their lawyer had the nerve to accuse me of abusing legal process by daring to stick with the Pre Action Conduct even though it doesn't apply in Scotland.

Share this post


Link to post
Share on other sites

You would have to raise a 'small claim' in the Sheriff Court nearest the company you are pursuing as this court would have jurisdiction to deal with the case.

 

Have a look at this 'link'....

 

https://www.scotcourts.gov.uk/taking-action/frequently-asked-questions/small-claims


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

Share this post


Link to post
Share on other sites

Service Out of the Jurisdiction

 

The rules for service of legal proceedings outside the jurisdiction differ for companies and individuals located outside the jurisdiction. In some rare circumstances, the Court may dispense with service in the usual way, however the court would need to be satisfied that there are good grounds for doing so.

 

The rules governing service out of the jurisdiction can be divided into two parts those where permission of the court is required and where permission is not required.

 

Permission not required

Scotland and Northern Ireland

 

A claimant may serve a claim form out of the jurisdiction on a defendant in Scotland or Northern Ireland, and that service can be so carried out without permission of the Court. Thereafter, the Claimant may proceed to serve other court documents by the same method as used for serving documents in the jurisdiction, for instance by first-class post. This is an exception to the general rule that service must be affected in accordance with the law of the receiving country.

 

Regards

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Thanks. Is this for England or Scotland though?

 

What an utter mess of a legal system we have, it appears to be easier to sue a company in Germany than Scotland!

Share this post


Link to post
Share on other sites

For England if you wish to sue a defendant in Scotland

 

https://www.moneyclaimsuk.co.uk/PDFForms/N510.pdf


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

As andyorch says - for service out of jurisdiction you'll need to send an N510 form along with your N1.

Share this post


Link to post
Share on other sites
As andyorch says - for service out of jurisdiction you'll need to send an N510 form along with your N1.

 

Many thanks alittleknowledge...link now added above.

 

Regards

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

You will also have to decide where the original contract was formed so the nature of the original agreement will determine whether english or scots law is used. Not much difference for most cases but one or two anomalies. Property law different as most people are aware

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...