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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Can I contest jurisdiction of a court claim from outside

Resolved Question:

Can I contest jurisdiction of a court claim from outside London (Still within the UK) of a service provider company to another company within London, if the disputed service is provided in London? Hence, if they are making a claim they should at least go through court in London because the service was provided in London?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

Can you explain your situation a little more?

Customer: replied 1 year ago.
I have just received a claim form from a county court business centre outside of London, however my company operates in London and the service provided that the claim was referred to was in London. I am currently filling out the online dispute form and there is an option to dispute the court’s jurisdiction. I therefore wonder if I should select it as they had a London office and that was the main point of contact, as well as the service provided in dispute is in London?
Expert:  Jo C. replied 1 year ago.

There isn't a basis for disputing the jurisdiction. A court outside London does have jurisdiction over London as it is within the jurisdiction.

Normally claims are designated to the local court of the claimant unless the claimant is a business.

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
does it mean if I dispute it I will need to attend the court there?
Customer: replied 1 year ago.
the claimant is a business
Expert:  Jo C. replied 1 year ago.

Since you are both business it would probably normally be moved to her local courts.

Yes, if there is a trial then you would need to attend.

There is an application you can make to retain the matter at your local court but it is not likely to succeed I'm afraid

Customer: replied 1 year ago.
What would be the next step after I have made the dispute? As the service was not provided as agreed in contract, is it something worth disputing at all for £3000 - £5000?
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Jo C. replied 1 year ago.

It depends on the nature of the complaint?

Customer: replied 1 year ago.
The initial agreement of the service was to obtain an interim possession order to remove squatters after paying 50% of the cost, where I had signed the form N130 for the application, however they had delayed it so much that it passed the 28 days time limit. They then applied for the full possession order instead without my consent and also forged my signature. I had since requested an adjusted service charge at which they never responded. After about 3 months delay from the original proposed time frame, they managed to get the full possession order and removed the squatters, however are now trying to charge me the rest of the fee which I do not agree to.Based on the reasons above including their lack of communication I believe that they have not provided the service as agreed initially and would therefore like to dispute the final 50% of the fee.I would just like some feedback based on this, is it worth the hassle, if the legal cost would be more than £3000 then it is probably not worth the trouble.
Customer: replied 1 year ago.
I would most likely to go to court and dispute. However I think the final question before I go ahead is. If I lose the case, am I or my company liable for their legal cost, given that the claim is under £10,000 and it is between companies.Thank you,
Expert:  Jo C. replied 1 year ago.

Only if they can show that you have behaved vexatiously or unreasonably.

Costs orders are rare at the small claims court and anyway usually there are no costs incurred.

Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you. It has been very informative.
Expert:  Jo C. replied 1 year ago.

No problem.

All the best.