Service of a claim form - Scotland or England?
Discussion
Whilst I might be a solicitor I haven't had anything to do with civil litigation for well over a decade and just wondered if I could say this aloud and then be told if I have this wrong?
My friend (cross my heart and hope to die) needs to issue a small claim for unpaid invoices. The sum owed plus interest is less than 5k.
He tried to settle the claim a while ago and the general counsel of the company (which is a company registered in Scotland) but carries on business all over england, said thanks but no thanks and if you want to sue us for the money please do so at the following address (in Scotland).
The service agreement my friend has with the company says in the event of any disputes they will be dealt with in England and Wales.
The company has many outposts in the UK and their largest office where they conduct business is in the south east of England. All correspondence my friend has ever had over the ten years with the company has been to and from an office in South east England.
Not withstanding the fact the company's general counsel has given an address for service in Scotland (which causes my friend logistical problems) I think that:
1) because the company has a major office in the UK where it carries out business
2) my Friend has always corresponded with their office in the se of England and sent all invoices there
He can if he chooses sue them in England, via the money claim online system, at their major office in the south east of England- just because their general counsel has said sue us in Scotland he doesn't have to do so.
For what it's worth it's one company suing another it's not a consumer suing another company.
I've looked it up in the cpr and I think my understanding is right here, but I'm only slightly hesitant because the rule which says you can serve a Scottish company in England at one of their offices where they conduct business applies (which my friend wants to take advantage of) applies when :
'service of the claim form where the defendant does not give an address at which the defendant may be served'
But obviously the company has given an address to be served but it's way up north in Scotland and my friend wants to issue it online now (which you can't do if you are suing a Scottish company using the money claim online system).
Does that make sense? I suspect it's going to be a non issue really because it'll be effective service but just thought I should check.
My friend (cross my heart and hope to die) needs to issue a small claim for unpaid invoices. The sum owed plus interest is less than 5k.
He tried to settle the claim a while ago and the general counsel of the company (which is a company registered in Scotland) but carries on business all over england, said thanks but no thanks and if you want to sue us for the money please do so at the following address (in Scotland).
The service agreement my friend has with the company says in the event of any disputes they will be dealt with in England and Wales.
The company has many outposts in the UK and their largest office where they conduct business is in the south east of England. All correspondence my friend has ever had over the ten years with the company has been to and from an office in South east England.
Not withstanding the fact the company's general counsel has given an address for service in Scotland (which causes my friend logistical problems) I think that:
1) because the company has a major office in the UK where it carries out business
2) my Friend has always corresponded with their office in the se of England and sent all invoices there
He can if he chooses sue them in England, via the money claim online system, at their major office in the south east of England- just because their general counsel has said sue us in Scotland he doesn't have to do so.
For what it's worth it's one company suing another it's not a consumer suing another company.
I've looked it up in the cpr and I think my understanding is right here, but I'm only slightly hesitant because the rule which says you can serve a Scottish company in England at one of their offices where they conduct business applies (which my friend wants to take advantage of) applies when :
'service of the claim form where the defendant does not give an address at which the defendant may be served'
But obviously the company has given an address to be served but it's way up north in Scotland and my friend wants to issue it online now (which you can't do if you are suing a Scottish company using the money claim online system).
Does that make sense? I suspect it's going to be a non issue really because it'll be effective service but just thought I should check.
princeperch said:
The service agreement my friend has with the company says in the event of any disputes they will be dealt with in England and Wales.
Surely this answers your question?Serve the papers on the main regional office in England and Wales, also send a copy to the Scottish Head Office. I expect the court assignment to be the one closest to the main office in England and Wales.
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