How Does a Spanish Company Sue an Individual in the UK?

[bh2362]

Hi All,

 

its been a while, but i have a question i need answering.

 

A Spanish Company have supplied goods to a uk company a sole trader, the company is spanish and has a spanish address.

 

They have a uk agent who acts for them as an individual and works on commision.

 

The Agent has issued a claim against the uk company sole trader via MCOL for non-payment of invoice, the reason it was not paid was the items supplied were at fault and the UK agent refused to accept a return.

 

The agent has issued on behalf of the spanish company although the company who is owed the funds is a spanish entity.

 

how does Juristiction stand? should they be using the european money order route?

 

On The POC the Agent lists the name of the spanish company not his own name.

 

can this get this struck out?

[Guest]

what was the applicable law stated on the contract?

[seklof]

Hi All,

 

its been a while, but i have a question i need answering.

 

A Spanish Company have supplied goods to a uk company a sole trader, the company is spanish and has a spanish address.

 

They have a uk agent who acts for them as an individual and works on commision.

 

The Agent has issued a claim against the uk company sole trader via MCOL for non-payment of invoice, the reason it was not paid was the items supplied were at fault and the UK agent refused to accept a return.

 

The agent has issued on behalf of the spanish company although the company who is owed the funds is a spanish entity.

 

how does Juristiction stand? should they be using the european money order route?

 

On The POC the Agent lists the name of the spanish company not his own name.

 

can this get this struck out?

 

Id say that the agent can apply for a hearinf and you can fight that. If they try for a european ccj it aint worth a carrot. Judge will surely theow it out if you have a case

[bh2362]

there is no contract as such the order was placed by email

they have presented a copy of terms and conditions but these was not seen at the time of order, not signed..

The terms and conditions to say formed with UK law

[bh2362]

thanks seklof

[Guest]

...

The terms and conditions to say formed with UK law

court likely to have jurisdiction then, subject to any CPR provision

see what the guys say

[Guest]

subject to any CPR provision

eg see CPR PD 6B etc

[Guest]

an interesting article re a quick googly, though is a few years old and wld need double checking.

http://www.agentlaw.co.uk/site/briefing_notes/Getting_it_right_is_crucial.html

http://www.shoosmiths.co.uk/client-resources/legal-updates/Jurisdiction-can-you-be-in-two-places-at-once-6749.aspx

[unclebulgaria67]

I am not sure whether it is relevant if the company is Spanish. They trade in the UK via this agent and the contract was in the UK, therefore a UK court is most relevant.

[BazzaS]

there is no contract as such the order was placed by email

they have presented a copy of terms and conditions but these was not seen at the time of order, not signed..

The terms and conditions to say formed with UK law

 

court likely to have jurisdiction then, subject to any CPR provision

see what the guys say

 

Not as simple as that, I'm afraid.

 

Adding to previous replies : applicable law is not the same as court having jurisdiction. 2 German companies can contract and decide English law is applicable, but the court with jurisdiction would be German (it would be a daft thing to do but serves as a useful example).

Dafter still (but still possible!) would be 2 German companies agreeing English law applied, but under jurisdiction of French Court's.

 

The law of England & Wales is often used in shipping contracts (as they often have an arbitration clause for one of the UK's arbitrators,) though the court with jurisdiction may not be a UK one, with neither firm being EU one's let alone UK ones.

 

So, what it says in any contract / T's & C's is key.

 

As for "there is no contract as such the order was placed by email"

An order placed by email is perfectly capable of constituting a binding contract if accepted, provided there is a valid offer, acceptance (including certainty of the offer), consideration, and "intent to create contractual relations".

 

So it seems likely (were the T's and C's available before the order was placed?) that "UK law" applies."UK law" is an odd phraseology : as the law of England and Wales can differ from Scottish Law (leaving aside that the UK also includes Northern Ireland!) : more usual would be "The law of England & Wales".

 

The usual court for an EU-based entity to sue another EU-entity would be the court where the defendant is domiciled.

There ARE all sorts of exceptions to the rule (as ever!) that give the claimant more choice, but once an EU court is "seised" of the case between 2 EU bodies, that court takes precedence.

 

A smart potential defendant (call them B) can use this to their advantage if they know they are going to be sued (by A) in a court they don't want, if that court isn't yet "seised". They can find a reason to start their own claim in a court they prefer, that court becomes "seised", and when A tries to use the court B doesn't want, B disputes jurisdiction!

 

Anyhow, if the claim has been issued ; the UK court is likely seised, (unless for example the defendant (D) is domiciled in Scotland and the claim has been issued in England/Wales, where D can dispute jurisdiction!).

 

The agent is just that, an agent, so can initiate proceedings on behalf of the Spanish company, acting as their agent.

[BazzaS]

eg see CPR PD 6B etc

 

PD 6B applies to a claimant wanting to serve a E&W based claim on a defendant based outside the jurisdiction so isn't applicable for a claimant based outside wanting to serve on a D within the jurisdiction....

[BazzaS]

Not as simple as that, I'm afraid.

 

The usual court for an EU-based entity to sue another EU-entity would be the court where the defendant is domiciled.

There ARE all sorts of exceptions to the rule (as ever!) that give the claimant more choice,

 

 

Fancy "a little light reading"?

For the rules regarding jurisdiction : The Brussels Regulation (recast) a.k.a Council Regulation 1215/2012

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2012:351:0001:0032:EN:PDF

 

For the rules regarding "which set of laws applies?" : Rome I aka Regulation 593/2008

http://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX%3A32008R0593

 

Not to be taken at night if you are already on sleeping tablets ..........

[AndyOrch]

Thread moved to the appropriate forum.

 

Regards

 

Andy