In scotland - claiming via English courts.

[goforit]

I thought of this just the other day (before I had joined this board). You also note that by doing this you can get 6 years statute limitations rather than the 5 you get in scotland.

 

In actua fact I was thinknig about doing this against BOS/Halifax and RBOS. As they both have places of business in England I believe the English courts will accept Jurisdiction.

 

Cheers

[goforit]

I think you'll be unlikely to get away with it. you're supposed to serve the summons on their registered office, which for both these banks is in Edinburgh. Your only other option is to get an English mailing address.

 

s42 of the Civil Jurisdiction and Judgements Act 1982 provides as follows:

 

s 42 Domicile and seat of corporation or association.

 

(1) For the purposes of this Act the seat of a corporation or association (as determined by this section) shall be treated as its domicile.

 

 

 

 

(2) The following provisions of this section determine where a corporation or association has its seat--

(a) for the purpose of Article 53 (which for the purposes of the

1968 Convention

or, as the case may be, the

Lugano Convention

equates the domicile of such a body with its seat); and

(b) for the purposes of this Act other than the provisions mentioned in section 43(1)(b) and © .

 

 

 

 

(3) A corporation or association has its seat in the United Kingdom, if and only if--

(a) it was incorporated or formed under the law of a part of the United Kingdom and has its registered office or some other official address in the United Kingdom; or

(b) its central management and control is exercised in the United Kingdom.

 

 

 

(4) A corporation or association has its seat in a particular part of the United Kingdom if and only if it has its seat in the United Kingdom and--

(a) it has its registered office or some other official address in that part; or

(b) its central management and control is exercised in that part; or

© it has a place of business in that part.

 

 

 

 

(5) A corporation or association has its seat in a particular place in the United Kingdom if and only if it has its seat in the part of the United Kingdom in which that place is situated and--

(a) it has its registered office or some other official address in that place; or

(b) its central management and control is exercised in that place; or

© it has a place of business in that place.

 

 

 

(6) Subject to subsection (7), a corporation or association has its seat in a state other than the United Kingdom if and only if--

(a) it was incorporated or formed under the law of that state and has its registered office or some other official address there; or

(b) its central management and control is exercised in that state.

 

 

 

 

(7) A corporation or association shall not be regarded as having its seat in a Contracting State other than the United Kingdom if it is shown that the courts of that state would not regard it as having its seat there.

(8) In this section--

"business" includes any activity carried on by a corporation or association, and "place of business" shall be construed accordingly;

'"official address", in relation to a corporation or association, means an address which it is required by law to register, notify or maintain for the purpose of receiving notices or other communications.

 

However, I have just realised that RBOS progate Jurisdiction to Scotland. I used to think that the term didn't comply with s3(6) of Schedule 8 of the CJJA - I have just realised that it complies with part ©. Damn! Back to the drawing board. Unless anyone else has any ideas.

 

 

 

s3(6), Schedule 8 Civil Judgements and Jurisdictions Act

 

 

 

 

(6) The provisions of this rule may be departed from only by an agreement -

(a) which is entered into after the dispute has arisen; or

 

 

 

 

(b) which allows the consumer to bring proceedings in courts other than those indicated in this rule; or

 

 

 

 

© which is entered into by the consumer and the other party to the contract, both of whom are at the time of conclusion of the contract

domiciled

or habitually resident in the same Regulation State, and which confers jurisdiction on the courts of that Regulation State, provided that such an agreement is not contrary to the law of that Regulation State.

 

 

 

 

 

 

 

 

[goforit]

I'm aware of all of this, however as you will (presumably) be in small claims, you will be subject to a much more informal procedure. The judge/sheriff will want to know why you're a Scottish based litigant trying to sue a Scottish based company in Engalnd. Based on personal experience, your answer will need to be a bit better than "the limits are higher in England" if you want to avoid it either being transferred to Scotland or thrown out altogether.

 

I should however point out that I have no direct experience of this situation. I just have a feeling, based on experience, of how judges - who tend to be nobody's fool - feel about litigants trying to play the system to their advantage. In small claims, I've noticed that they much prefer to look at cases purely on their merits. That being said, I'd be fascinated to see how you get on.

 

I suppose if they didn't respond that there would be no problem!

 

BTW if we were to get an English "forwarding" address. Would that be classed as fraudlent?