Making a court claim from England to Scotland
Making a court claim from England to Scotland
Author
Discussion

AC123

Original Poster:

1,285 posts

183 months

Monday 16th December 2019
quotequote all
Hi

Hopefully the right section.

I've got an unpaid invoice from a customer in Scotland. I am in England.

Would this have to be pursued through the Scottish Sheriffs court, or the English small claims court?

On another note, there are companies that will pursue unpaid invoices for a fee. Can their fee be added to the customer debt?

Thanks

Nimby

5,700 posts

179 months

Monday 16th December 2019
quotequote all
AC123 said:
Hi

Hopefully the right section.

I've got an unpaid invoice from a customer in Scotland. I am in England.

Would this have to be pursued through the Scottish Sheriffs court, or the English small claims court?

On another note, there are companies that will pursue unpaid invoices for a fee. Can their fee be added to the customer debt?

Thanks
I was in a similar position (owed money by a notorious Scottish power company) but they paid up at the last minute.
You can't use Money Claim Online ("small claims court") which is England & Wales only.
Maybe the Scottish "Simple Procedure", or an English court with transfer of jurisdiction?

IANAL

OMITN

3,050 posts

121 months

Wednesday 18th December 2019
quotequote all
Some questions which might help you:

What do your terms and conditions of supply/service say? If you've got half decent (off-the-shelf or bespoke) terms this will state (1) which law the contract is governed by and (2) which courts have jurisdiction to hear claims (and whether or not that is an exclusive right).

If you don't have the above, then it may be helpful to work out where the work was done (goods delivered or services rendered). If goods, when they were dispatched who paid for insurance.

Hope that helps.

PS have a look at this link: https://www.moneyclaimsuk.co.uk/out-of-jurisdictio...