Service out of jurisdiction

[sloane82]

Hi I am making a claim to a company in Scotland as it is outside England which box do I tick on the N510 form?

[Peridot]

Hi Sloane82,

The relevant Civil Procedure Rule is 6.32 here:-

6.32

6.32 (1) The claimant may serve the claim form on a defendant in Scotland or Northern Ireland where each claim made against the defendant to be served and included in the claim form is a claim which the court has power to determine under the 1982 Act and –

(a) no proceedings between the parties concerning the same claim are pending in the courts of any other part of the United Kingdom; and

(b)

(i) the defendant is domiciled in the United Kingdom;

(ii) the proceedings are within paragraph 11 of Schedule 4 to the 1982 Act; or

(iii) the defendant is a party to an agreement conferring jurisdiction, within paragraph 12 of Schedule 4 to the 1982 Act.


6.32(2) The claimant may serve the claim form on a defendant in Scotland or Northern Ireland where each claim made against the defendant to be served and included in the claim form is a claim which the court has power to determine under any enactment other than the 1982 Act notwithstanding that –

(a) the person against whom the claim is made is not within the jurisdiction; or

(b) the facts giving rise to the claim did not occur within the jurisdiction.


Depending on the circumstances of the claim will dictate which box to tick on the N510 Part 1.

Do post if need more information but without knowing something about the facts of the claim and the location of the defendant it is difficult to point you to the exact answer.

[sloane82]

So which one do I tick?

[Amethyst]

Hi I am making a claim to a company in Scotland as it is outside England which box do I tick on the N510 form?

Check the firm doesn't have an service address in England first. Is it a bank ?

[sloane82]

No it is ICS learn they are based in Glasgow.

[sloane82]

Here is the form not too sure which one to tick it is regarding ICS learn regarding a GCSE course that I had problems with.

[Amethyst]

Ok.

33.1 The Agreement, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by, and construed in accordance with Scots law.

33.2 The parties irrevocably agree that the Scottish Courts will have non-exclusive jurisdiction to
settle any dispute or claim that arises out of, or in connection with, this Agreement or its subject
matter or formation (including non-contractual disputes or claims)

And presumably you have already been through the complaints process and issued a letter before claim, and the claim is for a refund rather than specific performance ?

You'll want this

PART 1 – Service of the claim form in Scotland and Northern Ireland (CPR 6.32)
In proceedings to which CPR 6.32(1)(a) and 6.32(1)(b)(i) apply the statement is:- “I state that each claim made against the defendant to be served and included in the claim form is a claim which
the Court has power to determine under the Civil Jurisdiction and Judgments Act 1982 and
(a) no proceedings between the parties concerning the same claim are pending in the Courts of any other
part of the United Kingdom; and
(b) the defendant is domiciled in the United Kingdom.”

[sloane82]

So which box out of the 9 that I tick?