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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Copyright Claim - Small Claim - Copyright Design and Patents

Resolved Question:

Copyright Claim - Small Claim - Copyright Design and Patents Act 1988
The Act covers the whole of the UK.
If I have a small claim which I believe can only be heard by the IPEC Small Track does this change if I am based in England and the claim is against a company in Scotland.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

There is nothing stopping you raising a small claim in England.

Alex Watts :

If the matter is not contested and you get Judgment by default then you can apply to have it transferred and enforced in Scotland

Alex Watts :

If the matter is contested then there may be an issue in terms of jurisdiction

Alex Watts :

But there is nothing stopping you raising a claim against a Company in Scotland from here in England

Alex Watts :

But when you enter Judgment you must complete form N510

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n510-eng.pdf

Alex Watts :

Once you have done this then you can have Judgment enforced in Scotland

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

If the matter is contested and if there is an issue with jurisdiction then are you saying that the hearing may take place in Scotland but the CDPA still holds good as that covers the whole of the UK. Do you know if Scotland has a special court for Copyright or would it be treated as a standard small claim?

Alex Watts :

Generally the rules are if you are suing a Defendant in person then its transferred to their home Court. If they are business then it stays at the Claimants home Court

Alex Watts :

So if its a business you are suing, it should stay in England

Alex Watts :

Sadly I dont know the procedure in Scotland as I am an English (and Wales) lawyer.

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