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Scottish courts Jurisdiction question

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  • Scottish courts Jurisdiction question

    Hi

    Can people help with a question of jurisdiction.

    I am being chased by someone who is making certain claims against me. They are threatening to sue me in the Scottish Court system , yet I live in England and even though i have not done what they are threatening (they have no real case), if I had done what they are accusing me then this would have done in England (if that makes sense)

    Should they follow through and issue a claim through the sheriffs court would i simply need to challenge the jurisdiction of the Scottish courts in this case? or would i need to challenge this and also put a defence in at the same time. I believe they are just threats at this stage but with the court system being quite different i dont want to be unprepared

    Ideally if the case comes along i would like to have firm ground on which to challenge jurisdiction, can anyone help me with this please?


    Thanks

    Lee
    Tags: None

  • #2
    Originally posted by WestYorks View Post
    Hi

    Can people help with a question of jurisdiction.

    I am being chased by someone who is making certain claims against me. They are threatening to sue me in the Scottish Court system , yet I live in England and even though i have not done what they are threatening (they have no real case), if I had done what they are accusing me then this would have done in England (if that makes sense)

    Should they follow through and issue a claim through the sheriffs court would i simply need to challenge the jurisdiction of the Scottish courts in this case? or would i need to challenge this and also put a defence in at the same time. I believe they are just threats at this stage but with the court system being quite different i dont want to be unprepared

    Ideally if the case comes along i would like to have firm ground on which to challenge jurisdiction, can anyone help me with this please?


    Thanks

    Lee
    I would need to know more about the claim - is it breach of contract for example. Were you due to pay someone money in Scotland but failed to? Is the other party a consumer?

    Comment


    • #3
      Originally posted by ScottishSolicitor View Post

      I would need to know more about the claim - is it breach of contract for example. Were you due to pay someone money in Scotland but failed to? Is the other party a consumer?
      Thanks for your reply, i have sent you a PM ( i hope thats ok)

      Lee

      Comment


      • #4
        Can anyone else help here please.....

        Comment


        • #5
          Originally posted by WestYorks View Post
          Can anyone else help here please.....
          Perhaps answer the question in post #2 and then it's possible.
          COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

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          • #6
            ScottishSolicitor ... did you get the PM??
            Debt is like any other trap, easy enough to get into, but hard enough to get out of.

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            • #7
              Hi yes I did. I didnt think the poster wanted a further response though. I will look again

              Comment

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