Court claim in Gibraltar

[stark13]

Hi everyone, thanks to everyone on this forum for their help so far.

I have another court claim that I'm looking to issue. The company is based in Gibraltar. The contract specifically states that it's governed by English Law but the Gibraltar courts have jurisdiction.
My question is
1. how would I issue a court claim against this company if the jurisdiction is in Gibraltar? I don't see any court forms or anything on the Gibraltar courts website.
2. Can't I issue the claim in the English courts as the contract is governed by English Law?

The company may have connected companies in the UK but my contract with them was with the Gibraltar company.

[EnglandPi]

You need to serve the claim form on the UK head office of the company. If you would care to disclose the company I can help with an address.

[stark13]

They don't actually have a UK head office. There are some companies with similar names at companies House but they don't list the Gibraltar company as having 'significant control'. Can the claim form still be served using the UK court system even if the jurisdiction in the contract states Gibraltar?

[EnglandPi]

Proceed through the UK County Court stating their registered address in gibralter

[stark13]

Thanks however the terms of the contract state the jurisdiction is with the Gibraltar courts and the governing law is English Law. From what I've read you can't bring a claim in English courts if the jurisdiction of the contest is in Gibraltar. Is this right?

[EnglandPi]

Tagging Celestine ULA des8 MIKE770 ostell

[stark13]

Hi Celestine , wondering if you could help with the above please?

[Celestine]

It would help to know a little about the nature of the debt/dispute?

If it is a 'straightforward' money owed, you could use a European Payment Order (no clue whether Brexit has changed this yet).

Alternatively if its a formal dispute that needs the court to decide contractual matters - this is the relevant PRACTICE DIRECTION 6B. https://www.justice.gov.uk/courts/pr...t06/pd_part06b

You must fill in form N510 alongside your claim form to argue why you do not need the permission of the court to file the claim, hopefully they won't raise any objections as your situation appears to fulfill the criteria listed in the PD6B link.

[stark13]

Hi Celestine, thank you for your response. I'm confused however. The jurisdiction per the contract is the 'Courts of Gibraltar', under English law. They have no office registered in the UK. I would be serving the claim form at their address in Gibraltar which would be inside the jurisdiction. The thing im not sure about though is whether I'm allowed to use the UK court system if the jurisdiction is gibraltar? With regards go your other questions, this is a formal dispute that needs the court to decide. I also believe the euro payment orders are not applicable after brexit

[stark13]

Sorry guys, any ideas on this please? Celestine ULA des8 MIKE770 ostell R0b

[MIKE770]

as #8 above

[stark13]

So just to confirm? Even though the jurisdiction in the contract is Gibraltar, I can issue the claim in the courts of England?

[Celestine]

The bit in my post #8 where i mention filling in Form 510 is to argue WHY you want the claim heard in the UK. (Think of all those international divorces that magically are heard here?) is how you find this out for sure.

[stark13]

Can I serve the claim on a director in the UK? The director is a director of the Gibraltar company and an unconnected company in the UK.

[pt2537]

if theres a jurisdiction clause then you may find you have to sue in Gibraltar

this may help https://www.lewissilkin.com/en/insig...-two-fold-test