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Who's local court will case go to?

vtc6
vtc6 Posts: 57 Forumite
edited 28 December 2015 at 3:56PM in Consumer rights
Hi!

With small claims, who's local court does it go to if you make a claim against a national company?

I've read the online info, it says that if defendent is an individual then it goes to defenendents local court. But what if it's not an individual? Also says that if the claim is for money (mine is) then it goes to one single court that's responsible for that, but that "either party" can request that the case be transferred to their local court. So if either party can request it who's local court does it go to? And when can I request it to ensure I don't need to travel far?

Thanks for the advice.

Comments

  • Leo2020
    Leo2020 Posts: 910 Forumite
    As you the individual you can request and you should get it transferred to your local court. They could also request that it is taken to their local court but as they are a company then the request should be refused.

    In regards to when you can request - I can't remember.
  • vtc6
    vtc6 Posts: 57 Forumite
    Thanks Leo.
  • bod1467
    bod1467 Posts: 15,214 Forumite
    If it is company vs company then the defending company gets to choose the court (I believe). If it is company vs individual then the individual gets to choose, regardless of who initiated the claim.

    All small claims are processed via either Northampton or Salford (depending on how the claim was filed) ... but any hearing goes to the relevant geographical court.
  • Crazy_Jamie
    Crazy_Jamie Posts: 2,246 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    If you're at all interested transferring cases to local or specified courts is dealt with at CPR r.26.2A, which you can read here. However, the bottom line is that in this situation this case should automatically be transferred to your home court.
    "MIND IF I USE YOUR PHONE? IF WORD GETS OUT THAT
    I'M MISSING FIVE HUNDRED GIRLS WILL KILL THEMSELVES."
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