Jysmystry v Optical Express

[jysmystry]

any updates with your claim or your complaint to the ICO yet dusty?

[jysmystry]

Well this is a REAL pain!

 

I put in my draft Order and the judge has now written back basically saying Optical Express are a company registered in Scotland. You need to either restart your claim in a scottish court or provide me with a justification as to why you think an english court does have jurisdiction.

 

Obviously i don't want to restart the claim in a scottish court but equally I have no idea about how i can alter their view on jurisdiction.

 

I spoke to a local solicitors and they say the same, its a scottish company, you'll have to restart your claim there.

 

Does anybody here have any views on this? Is there are point in me trying to change their minds or is this a clear point against which i have no argument?

 

If the latter i'll have to knock any hope of getting a court order on the head and i'll be forced to go to the ICO for complience.

 

Such a shame though and such a waste of mine, the courts and optical express' time. If you think about it they should have entered a defence, they would have won...

[adam1093]

hey anyone know the conclusion of this case?

 

cheers

[jysmystry]

Yes - I left it there. I didnt agree with the judge but my disagreement was based on reasonableness and logic rather than the law. i.e. OE operate in england, i live in england and i we took up an agreement together in england.

 

As such I left it there to see what they did.

 

They have not written to me since and i dont intend to poke the sleeping lion as it were.

 

They came to me looking for £60 and ended up £90 worse off. The last of that money paid off my £15 a month contact lense deal with Spec savers hehe