Court claim in Gibraltar

[R0b]

What date was the contract entered into?

Are you acting in the capacity as a consumer or business?

Are you willing to provide the terms and conditions or a link to them so we can see?

[stark13]

The contract was entered into this year. I'm acting as a consumer. I've just DM'd you the link to the terms. Hoping to keep details of the claim private if that's okay.

[R0b]

Thanks, I got that.

Fortunately, consumers were protected post-brexit where cross border disputes are concerned. Essentially, a new section 15B was inserted into the Civil Jurisdiction and Judgments Act 1982 that re-stated the previous EU consumer rules on jurisdiction. I don't think the legislations.gov website has updated itself yet but here it is below. This amendment originated from the Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019/479 (link here).

You also need to be familiar with CPR 6.33 which means you don't need permission to serve the claim form outside the UK based on below. However, I suspect you will need to use the N1 Claim Form and opt for self-service because Money Claims Online don't issue claims outside UK.

[stark13]

Thank you!

[stark13]

Hello everyone, thanks for your help. I've found out more about the structure of the company and wanted to know it it's allowed for a UK subsidiary to be served with the claim form? The facts are as follows:

1. The company I have the dispute against is registered in Gibraltar. (Company A).
2. The parent of Company A is also registered in Gibraltar (Company B)
3. The parent also has another subsidiary registered in the UK (Company C).

Can I serve the claim form on Company C even though that's not the company I have the dispute against?

[stark13]

Sorry any ideas on this please?

[Celestine]

Hello everyone, thanks for your help. I've found out more about the structure of the company and wanted to know it it's allowed for a UK subsidiary to be served with the claim form? The facts are as follows:
1. The company I have the dispute against is registered in Gibraltar. (Company A).
2. The parent of Company A is also registered in Gibraltar (Company B)
3. The parent also has another subsidiary registered in the UK (Company C).
Can I serve the claim form on Company C even though that's not the company I have the dispute against?

If it is a totally different trading entity then I can't see how having the same parent company would allow a claim to be served on a separate trading entity.
As an example: When you think of all the brands owned by CocaCola - you can see why serving a claim on their company Malvern Water would not be good service on Coca Cola itself or any of its other brands like Schweppes.

[stark13]

Thanks Celestine!