Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • DoubleEntry
    • By DoubleEntry 16th Feb 18, 8:52 AM
    • 61Posts
    • 6Thanks
    DoubleEntry
    Courts Simple Procedure
    • #1
    • 16th Feb 18, 8:52 AM
    Courts Simple Procedure 16th Feb 18 at 8:52 AM
    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
Page 1
    • bettyboo71
    • By bettyboo71 11th Mar 18, 8:44 PM
    • 263 Posts
    • 385 Thanks
    bettyboo71
    • #2
    • 11th Mar 18, 8:44 PM
    • #2
    • 11th Mar 18, 8:44 PM
    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
    • By amf 12th Mar 18, 6:46 PM
    • 476 Posts
    • 166 Thanks
    amf
    • #3
    • 12th Mar 18, 6:46 PM
    • #3
    • 12th Mar 18, 6:46 PM
    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.
    • Heng Leng
    • By Heng Leng 6th Apr 18, 6:42 AM
    • 4,552 Posts
    • 1,426 Thanks
    Heng Leng
    • #4
    • 6th Apr 18, 6:42 AM
    • #4
    • 6th Apr 18, 6:42 AM
    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.
    Originally posted by bettyboo71
    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.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

3,516Posts Today

7,893Users online

Martin's Twitter
  • RT @LaraLewington: ...and mine suggested I'd achieved a lifelong ambition of being sawn in half by a magician - at our wedding. Wasn't. Don?

  • We are working on it - I think BA has behaved awfully on this. Those flight were no obviously a glitch. It should? https://t.co/8pvtXtUEqi

  • RT @thenicolabryant: Absolutely. We need mental health and financial health as advocated my @MartinSLewis , to be taught in schools. So muc?

  • Follow Martin