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Court Jurisdictions - Do I use an English or Scottish Court?

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  • Court Jurisdictions - Do I use an English or Scottish Court?

    I purchased a car in England but I live in Scotland. I submited a claim (simple proceedure) to my local sheriff court against the dealership (ltd company). They have sent it back saying I need to raise the action in a court local to the respondant. However on reading their guidance for small claims it states the following:-

    There are 39 sheriff courts in Scotland. You will have to decide in which one your claim should be brought, although you can get forms and advice from the sheriff clerk at any court.
    In most cases, the court which will hear the claim will be the one within whose area the person the claim is to be made against (the defender) lives or has a place of business.
    Sometimes, the court closest to where you live can be the one which will hear the case.


    As is says "in most" cases, what are the reasons that I could give back to the courts to convince them to hear it in my local court?
    Tags: None

  • #2
    If you were dealing as a "consumer" then your local court should have jurisdiction

    Comment


    • #3
      Thanks ScottishSolicitor - the letter I have recieved from the Administrative Officer says "the sheriff has seen and considered the application and advised that the Edinburgh Sheriff court does not have have jurisdiction in this case. The right jurisdiction would be ********** and therefore, the case should go the local English Court"

      Initally Edinburgh sent my papers back, advising Selkirk had the jurisdiction. When I sent them to Selkirk, I was phoned to say Edinburgh had the jurisdiction.

      Comment


      • #4
        What was the basis of the claim? If it was something that arose in Scotland, then I would go back to Edinburgh SC and argue it with them.
        ----- DISCLAIMER -----

        I am a former trainee Sheriff Officer who became disillusioned with the Scottish legal system so left the industry. I will offer insights from my first-hand experience, but *I am not a legal professional and you should always seek independent legal advice before acting on anything I say*.

        Comment

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