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Max Lowry
Max Lowry, Advocate
Category: Law
Satisfied Customers: 1457
Experience:  LLB, 10 years post qualification experience
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I am a company director whos company is in England.There is

Customer Question

I am a company director who's company is in England.There is a dispute of a lease agreement.My company is ltd and has ceased trading both the lease and order terms and conditions say it is subject to English law.They are pursing me personally and the ltd company through the Scottish courts. Can the pursue me personally because it is a ltd company and should it be in an English court the contract was signed in scotland
Submitted: 3 years ago.
Category: Law
Expert:  Max Lowry replied 3 years ago.

Max Lowry :

Hi, welcome to Just Answer. I will help you with your question.

Max Lowry :

You have two types of clause in these contracts - one says which law and applied, and the other says which courts of which country apply.

Max Lowry :

So, you might see something saying English Law applied and this is subject to the jurisdiction of the English Courts.

Max Lowry :

Or you might see something like English law applied and subject to the jurisdiction of the French Courts. (unlikely, though!)

Max Lowry :

So, Law and Jurisdiction are different.

Max Lowry :

Do you know whether you have a bit saying the English Courts shall have exclusive jurisdiction.

JACUSTOMER-0ah2rovr- :

yes both contracts say subject to English law

Max Lowry :

OKay - if subject to English jurisdiction, then you would be able to challenge the right of the Scottish Courts to even hear the claim.

JACUSTOMER-0ah2rovr- :

Thanks

Max Lowry :

You're welcome - to challenge this, you need usually to do it immediately by applying to the Court. I would suggest you speak with the court tomorrow and that you ask them for the forms you need to make this application if you intend to do that.

Max Lowry :

I hope this answers your question. If you need further information, either now or later, just let me know and I'll gladly help out.

Please do remember to rate my answer as highly as you can for me. Thank you.

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