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Ben Jones
Ben Jones, UK Lawyer
Category: Scots Law
Satisfied Customers: 60465
Experience:  Qualified Solicitor
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I need to make a small claim against a scottish company i'm

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hi i need to make a small claim against a scottish company i'm based in England and my terms and conditions are subject to england and wales whats the best way of going about doing this?
JA: Where are you? It matters because laws vary by location.
Customer: manchester
JA: What steps have you taken so far?
Customer: exchange of letters
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

What is the claim for? Please provide some more information

Customer: replied 6 days ago.
recruitment fees, we have made this claim before lots of time in England via the moneyclaimsonline website without issue so have the narrative and evidence just not sure how to proceed against a scottish based company
Customer: replied 6 days ago.
i dont require a call its a straight forward question

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience. As the contractual relationship between you and the other party was subject to the laws of E&W, you are able to start the claim in these courts, rather than a Scottish one. That is because you have both agreed to let the English/Welsh courts have complete jurisdiction over any claims you may have so you would be expected to make a claim in the English courts to let them determine that. You may find that the respondent asks for the claim to be transferred to their local court, but that would generally mean one closer to them and still in England, rather than a Scottish one.

Does this answer your query?

Customer: replied 5 days ago.
if it doesn't state england and wales on our contract would we then need to file in a scottish court?

Yes as you would be expected to submit the claim in the respondent’s jurisdiction

Customer: replied 4 days ago.
thanks

All the best

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