How to sue a Switzerland company from UK?

Hello,

I am trying to understand how I should proceed to sue a Switzerland company while based in the UK.

To make the story short, I bought services from a Switzerland company online, and I did not receive the service expected. At the end my overall cost was about £3k. I am trying to see how to bring the Switzerland company to a UK court, but I am not sure how to serve my claim and how to start the process...

My understanding is that as I bought the service from the UK soil, UK law should apply, even though the company is located in Switzerland. Otherwise it means they are operating in UK without abidingto the UK rules.

Any help would be appreciated.

Thanks
«1

Comments

  • Aylesbury_Duck
    Aylesbury_Duck Posts: 15,492 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    lefeverela wrote: »
    Hello,

    I am trying to understand how I should proceed to sue a Switzerland company while based in the UK.

    To make the story short, I bought services from a Switzerland company online, and I did not receive the service expected. At the end my overall cost was about £3k. I am trying to see how to bring the Switzerland company to a UK court, but I am not sure how to serve my claim and how to start the process...

    My understanding is that as I bought the service from the UK soil, UK law should apply, even though the company is located in Switzerland. Otherwise it means they are operating in UK without abidingto the UK rules.

    Any help would be appreciated.

    Thanks
    What's the service and from which company?
  • lefeverela wrote: »
    My understanding is that as I bought the service from the UK soil, UK law should apply, even though the company is located in Switzerland. Otherwise it means they are operating in UK without abidingto the UK rules.

    If they are physically located only in Switzerland then unless their terms and conditions state otherwise, it will be Swiss law that applies.
    A website accessible from the UK (even if it's a .co.uk website) doesn't mean that UK law automatically applies.

    I'm guessing that it's Viagogo:
    https://forums.moneysavingexpert.com/showpost.php?p=74827884&postcount=27
  • If they are physically located only in Switzerland then unless their terms and conditions state otherwise, it will be Swiss law that applies.
    A website accessible from the UK (even if it's a .co.uk website) doesn't mean that UK law automatically applies.

    I'm guessing that it's Viagogo:

    yes it is viagogo
  • societys_child
    societys_child Posts: 7,110 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 13 January 2019 at 5:34PM
    You try to sue them in court in Switzerland.


    Even if it was a UK based company, they'd probably have the right to decide which court in the UK.
  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Even if you could sue them in the UK how do you enforce it?


    Simply put, you can't.
  • visidigi
    visidigi Posts: 6,552 Forumite
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    lefeverela wrote: »
    yes it is viagogo

    Good luck with that!
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    Here you go. https://e-justice.europa.eu/content_small_claims-42-en.do I don't know if Switzerland is in the scheme. If they aren't you will need to file a claim in Switzerland.

    Let us know how it progresses.
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    waamo wrote: »
    Here you go. https://e-justice.europa.eu/content_small_claims-42-en.do I don't know if Switzerland is in the scheme.
    It isn't, as you'll see from the handy list of flags down the righthand column and the Swiss-shaped hole in the map. It's a scheme for EU member states.
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    davidmcn wrote: »
    It isn't, as you'll see from the handy list of flags down the righthand column and the Swiss-shaped hole in the map. It's a scheme for EU member states.

    I guess that makes it a little bit more tricky then.
  • Gavin83
    Gavin83 Posts: 8,757 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I know this isn't your question but I have to ask, what are you actually suing Viagogo for? What service should they have provided and what happened?
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