Issuing claim against Scottish Travel Agent in UK

DW190

Could a Small Claim be issued against a Travel agent (registered office in Scotland branches through out England) in the Courts in England and Wales?

davidmcn

Odd subject line - Scotland is (at the time of writing) in the UK. That is kinda what the "United" bit is about. 

Anyway, yes, I believe this is competent, though last time I looked MCOL had some difficulty coping with cross-border claims so it had to be done off-line. Not sure if that has changed. 

Were_Doomed

What does your paperwork say? Specifically, what does it say about the laws which govern the contract?

steampowered

Yes, but you'd want to serve your claim on an address in England to avoid needing to jump through the technical requirements to "serve outside the jurisdiction".

Were_Doomed

That's why I'm asking about the T&Cs - perhaps OP will be able to serve in England without problem.

steampowered

Legally, it doesn't matter what the T&Cs say in this case.

If the contract is entered into by a consumer with a business based elsewhere in the UK, if that business directs its activities to the other parts of the United Kingdom, the consumer is entitled to choose whether to bring proceedings in the part of the UK in which that consumer is domiciled (i.e. England) or the part of the UK in which the business is domiciled (i.e. Scotland).

This is provided for under the Civil Jurisdiction and Judgments Act 1982 (https://www.legislation.gov.uk/ukpga/1982/27/schedule/4/crossheading/jurisdiction-over-consumer-contracts). It will override anything to the contrary in the T&Cs.

DW190

Thanks for all the replies.  To clarify the Travel Agents registered office is in Scotland but they have branches all over England.  I wanted to be sure what address to direct the LBC and possible claim to.  The actual office that took the booking has been closed since the first lockdown.  They have others that are open in England

Just found this in their terms:
6 Jurisdiction and applicable law These Booking Conditions and any agreement to which they apply are governed in all respects by Scottish law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Courts of Scotland. You may, however, choose the law and jurisdiction of England and Wales, or Northern Ireland, if you live in one of those countries.

MothballsWallet

OP, who is the travel agent?

DW190

MothballsWallet said:

OP, who is the travel agent?

Barrhead

Were_Doomed

Didn't realise that they had outlets down south - I thought they were exclusive to Scotland.

Spank

Were_Doomed said:

Didn't realise that they had outlets down south - I thought they were exclusive to Scotland.

There are three fairly near me in Yorkshire.
I though barrhead was what happened when you get draught Irn-Bru.