Courts Simple Procedure

DoubleEntry

Hi All




Hope this is the correct board, if not please feel free to move it.


If a Scottish resident issues a claim (using the court's Simple Procedure) against a Company in Essex, and assuming it is defended, will the hearing be in Scotland or can the Company ask for it to be held local to them?


TIA

bettyboo71

I'd imagine that the hearing would be in Scotland, at the court where the claim was filed. I don't think it could be held in an English court as the two legal systems are entirely separate. I think there is the option to make declarations to the court in writing, but that is probably not as good as being able to answer questions on the day. I'm assuming that by 'simple procedure' you mean a small claim?

All of this is based on my layperson's knowledge, so please don't take it as definite fact.

amf

You could also use the English online system - Moneyclaim online. I've used it a couple of times to good effect. If it goes as far as electing which court, I chose Carlisle, which is further from Essex than from Scotland.

System

bettyboo71 wrote: »

I'd imagine that the hearing would be in Scotland, at the court where the claim was filed. I don't think it could be held in an English court as the two legal systems are entirely separate. I think there is the option to make declarations to the court in writing, but that is probably not as good as being able to answer questions on the day. I'm assuming that by 'simple procedure' you mean a small claim?

All of this is based on my layperson's knowledge, so please don't take it as definite fact.

The Simple Procedure replaced Small Claims / Summary Cause last year in most instances.

To answer the OP, a consumer can normally use either the court local to them or local to the business.