Durkin V FlyCheapest.co.uk - Jurisdiction

[Rico]

Hi Folks,

I'm fighting another mis-selling action while waiting for the original one to be resolved.

I bought a changeable ticket on the internet from flycheapest.co.uk. I'm suing them because I wasn't told I'd have to pay the difference in ticket price, only a flat fee of £75. Their customer services weren't up to scratch either.

I wrote in my small claim that my local court has jurisdiction because I live there.

Further on in the claim, I also mentioned that I was flying from Aberdeen (where I live).

Anyway, the first sheriff dealing with it didn't see a problem. The second sheriff did.

The second sheriff has agreed that I'm allowed to deal with the first, in turn, delaying proceedings

The defenders haven't shown on either occasion.

Any tips on jurisdiction?

It would seen a tad absurd that my home city doesn't have jurisdiction although I'm getting used to the absurdity of the law!

Cheers,

Rico.

[mystery1]

Re: Durkin V FlyCheapest.co.uk - Jurisdiction

http://www.govanlc.com/suedinengland.htm

Not totally on topic but may provide clues.

M1

[Rico]

Re: Durkin V FlyCheapest.co.uk - Jurisdiction

Thanks M1,

It's a little unclear.

I'm the consumer attempting to bring proceedings against a party based in England via a court in Scotland, where I live.

It was effectively a contract of transport I suppose - an electronic flight ticket.

It seemed the second sherrif was just being pedantic.

Which rule could I have quoted him to encourage him not to delay proceedings?

The first sheriff seemed very comfortable with the fact that the Aberdeen court does have jurisdiction.

Cheers,

Rico.

[Sparkie1723]

Re: Durkin V FlyCheapest.co.uk - Jurisdiction

This may be of help Rico......Is it??

• Sparkie
• PART 6 - SERVICE OF DOCUMENTS
• »
• PRACTICE DIRECTION 6B – SERVICE OUT OF THE JURISDICTION

PRACTICE DIRECTION 6B – SERVICE OUT OF THE JURISDICTION

[EXC]

Re: Durkin V FlyCheapest.co.uk - Jurisdiction

Any tips on jurisdiction?

You could try sending 'Scottish Solicitor' a PM. He's a Scottish solicitor who just joined us and has done some work with Celestine http://www.legalbeagles.info/forums/...682#post404682

[mystery1]

Re: Durkin V FlyCheapest.co.uk - Jurisdiction

http://www.legislation.gov.uk/ukpga/1982/27/section/10

10 Allocation within U.K. of jurisdiction with respect to trusts and consumer contracts.


(1)The provisions of this section have effect for the purpose of allocating within the United Kingdom jurisdiction in certain proceedings in respect of which the 1968 Convention [F1or the Lugano Convention] confers jurisdiction on the courts of the United Kingdom generally and to which section 16 does not apply.
(2)Any proceedings which by virtue of Article 5(6) (trusts) are brought in the United Kingdom shall be brought in the courts of the part of the United Kingdom in which the trust is domiciled.
(3)Any proceedings which by virtue of the first paragraph of Article 14 (consumer contracts) are brought in the United Kingdom by a consumer on the ground that he is himself domiciled there shall be brought in the courts of the part of the United Kingdom in which he is domiciled.

M1

[Rico]

Re: Durkin V FlyCheapest.co.uk - Jurisdiction

http://www.legislation.gov.uk/ukpga/1982/27/section/10


(3)Any proceedings which by virtue of the first paragraph of Article 14 (consumer contracts) are brought in the United Kingdom by a consumer on the ground that he is himself domiciled there shall be brought in the courts of the part of the United Kingdom in which he is domiciled.

M1

That's great M1. Thanks. Sounds like the sheriff I met today wasn't up to scratch. He wanted to dismiss the case!

Just goes to show what we're all up against.

Thanks to everyone else for the contributions. Hopefully, I'll get this (and the dodgy sheriff) put to bed in quick(ish) time.

Rico

[Rico]

Re: Durkin V FlyCheapest.co.uk - Jurisdiction

This may be of help Rico......Is it??

• Sparkie
• PART 6 - SERVICE OF DOCUMENTS
• »
• PRACTICE DIRECTION 6B – SERVICE OUT OF THE JURISDICTION

PRACTICE DIRECTION 6B – SERVICE OUT OF THE JURISDICTION

I reckon M1 has answered my question thanks Sparkie.

So far, the court has served all the documents on my behalf.

Cheers,

Rico.

[mystery1]

Re: Durkin V FlyCheapest.co.uk - Jurisdiction

http://www.bailii.org/ew/cases/EWHC/TCC/2013/3197.html

M1

[Rico]

Re: Durkin V FlyCheapest.co.uk - Jurisdiction

Macphail (Scottish court rules) says that Aberdeen doesn't have jurisdiction according to both sheriiffs.

Paragraphs 3.49 and 3.51.

I don't have access to this but those of you that do, please can you check it out and advise.

Apparently it says that if the contract is for travel, the consumer remains screwed.

Again my battle here is one of principle. The moment we have to pay a lawyer for justice, we lose.

Politicians need to sort this out. I've lost enough. Including faith in Scottish justice!

I've attached my claim if it helps and for those interested.

Cheers,

Rico.

[mystery1]

Re: Durkin V FlyCheapest.co.uk - Jurisdiction

Aberdeen uni might have a law library which you can use.

Dundee let me in for free but i paid £15 for a year so i could take books home. I took that very book(or a previous version) in to court which drew some strange looks.

M1

[Rico]

Re: Durkin V FlyCheapest.co.uk - Jurisdiction

Good tip M1,

Aye, it seem as I'll have to resort to being the next law abiding citizen.

I'm offshore just now.

I've asked Mark to have a look though.

I couldn't see much wrong with the Civil Jurisdiction & Judgments Act that you brought to our attention.

There's possibly something in the 1st paragraph of Article 14.

It seems pretty mad though that an action can't be brought in a local court for transport from a local airport.

Cheers,

Rico