Suing a company in Scotland from England

[schwepppes33]

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.

[Conniff]

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.

[schwepppes33]

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.

[maroondevo52]

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

[AndyOrch]

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

[schwepppes33]

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!

[AndyOrch]

For England if you wish to sue a defendant in Scotland

 

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

[alittleknowledge]

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

[AndyOrch]

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

[ericsbrother]

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