Court claim defence query – Scotland/England

davethespidermonkey

ChirpyChicken said:

davethespidermonkey said:

Thanks very much for clarifying that @kryten3000 (it won't allow me to quote your post). I've now acknowledged the claim and am looking at the defence as per the template linked in the newbies thread, is there anything other than you've mentioned that I should also include in paragraph 3 in terms of relevant details? For now I've copied in your wording as that appears solid. I'm not sure what else I could add there that would help my case. 

Did you tick contest jurisdiction?

Yes I did.   

kryten3000

Now you need to tell the court why you contested jurisdiction, if you don't follow up then the effect is the box is unticked automatically and the case will proceed as normal.  

Coupon-mad

kryten3000 said:

Now you need to tell the court why you contested jurisdiction, if you don't follow up then the effect is the box is unticked automatically and the case will proceed as normal.  

Never knew that.

If the OP is using CL to do an application then all is good. I am concerned otherwise that the OP should just defend.

ChirpyChicken

kryten3000 said:

Now you need to tell the court why you contested jurisdiction, if you don't follow up then the effect is the box is unticked automatically and the case will proceed as normal.  

I believe the usual is payable 

Coupon-mad

Usual fee and application.

Alternatively, just defend.

davethespidermonkey

Coupon-mad said:

kryten3000 said:

Now you need to tell the court why you contested jurisdiction, if you don't follow up then the effect is the box is unticked automatically and the case will proceed as normal.  

Never knew that.

If the OP is using CL to do an application then all is good. I am concerned otherwise that the OP should just defend.

Thanks. I've contacted them and given further information so hopefully they can assist! 

ChirpyChicken

davethespidermonkey said:

Coupon-mad said:

kryten3000 said:

Now you need to tell the court why you contested jurisdiction, if you don't follow up then the effect is the box is unticked automatically and the case will proceed as normal.  

Never knew that.

If the OP is using CL to do an application then all is good. I am concerned otherwise that the OP should just defend.

Thanks. I've contacted them and given further information so hopefully they can assist! 

Dont let the case flounder though 

doubledotcom

Do not submit a defence if you are contesting jurisdiction. Under CPR 11.9, you do not need to file a defence before the jurisdiction hearing. Filing a defence before the jurisdiction issue is resolved could be treated as submission to the court’s jurisdiction.

However, you will have to pay £313 for the N244 application and submit it within 14 days of submitting your AoS. State clearly that you are applying under CPR 11.1 for an order that the court has no jurisdiction or should not exercise any jurisdiction it may have.

Your application must be supported by written evidence (usually a witness statement/statement of truth). This should include, the fact that the alleged contravention occurred in Scotland. That the Protection of Freedoms Act 2012 (PoFA) does not apply in Scotland. That there is no statutory Keeper liability under Scots law. That the claim is improperly brought in England against a Keeper who cannot be liable.

You must serve the N244 and evidence on the claimant at the same time you file it with the court. If you fail to make the application within 14 days of the AoS, you are deemed to have accepted the court’s jurisdiction under CPR 11.5(b).

If the court finds it has no jurisdiction, you can recover your costs, but it’s subject to the court’s discretion under CPR 44.2. If your CPR 11 application to dispute jurisdiction is successful, the court will typically strike out the claim, or declare it has no jurisdiction, and order the claimant to pay your costs, unless there’s a good reason not to.

This is because the claimant has wrongly brought proceedings in a court that lacks jurisdiction — a procedural error that wasted your time and money.  You can recover the application fee (e.g. £313 for the N244), reasonable legal costs of preparing and attending the hearing and travel/time costs if self-represented (limited under CPR 46.5 and PD 46)

If the claim is on the small claims track, costs are usually limited under CPR 27.14, but jurisdictional applications are made before allocation, so Part 27 doesn’t apply yet — meaning standard costs rules apply.

In the N244 application and WS you would  include a request like:

“The Defendant seeks an order that the claim be struck out for want of jurisdiction, and that the Claimant do pay the Defendant’s costs of this application and of the proceedings.”

davethespidermonkey

doubledotcom said:

Do not submit a defence if you are contesting jurisdiction. Under CPR 11.9, you do not need to file a defence before the jurisdiction hearing. Filing a defence before the jurisdiction issue is resolved could be treated as submission to the court’s jurisdiction.

However, you will have to pay £313 for the N244 application and submit it within 14 days of submitting your AoS. State clearly that you are applying under CPR 11.1 for an order that the court has no jurisdiction or should not exercise any jurisdiction it may have.

Your application must be supported by written evidence (usually a witness statement/statement of truth). This should include, the fact that the alleged contravention occurred in Scotland. That the Protection of Freedoms Act 2012 (PoFA) does not apply in Scotland. That there is no statutory Keeper liability under Scots law. That the claim is improperly brought in England against a Keeper who cannot be liable.

You must serve the N244 and evidence on the claimant at the same time you file it with the court. If you fail to make the application within 14 days of the AoS, you are deemed to have accepted the court’s jurisdiction under CPR 11.5(b).

If the court finds it has no jurisdiction, you can recover your costs, but it’s subject to the court’s discretion under CPR 44.2. If your CPR 11 application to dispute jurisdiction is successful, the court will typically strike out the claim, or declare it has no jurisdiction, and order the claimant to pay your costs, unless there’s a good reason not to.

This is because the claimant has wrongly brought proceedings in a court that lacks jurisdiction — a procedural error that wasted your time and money.  You can recover the application fee (e.g. £313 for the N244), reasonable legal costs of preparing and attending the hearing and travel/time costs if self-represented (limited under CPR 46.5 and PD 46)

If the claim is on the small claims track, costs are usually limited under CPR 27.14, but jurisdictional applications are made before allocation, so Part 27 doesn’t apply yet — meaning standard costs rules apply.

In the N244 application and WS you would  include a request like:

“The Defendant seeks an order that the claim be struck out for want of jurisdiction, and that the Claimant do pay the Defendant’s costs of this application and of the proceedings.”

Thanks very much for this. Would you mind if I pm you? 

doubledotcom

You can PM me. However, IANAL. I prefer to provide advice through the forum, as it is a great educational tool for everyone using it.