Advice as defendant in small claim from a foreign company

[surfer7899]

Hello,

 

I've received a claim form from a non-resident UK individual trading in the EU providing project management services.

 

I did not pay their entire bill due to them breaking the verbal contract we had by not performing the service with reasonable skill and care

i.e. substandard work and failing to act on instruction that then cost me money.

 

Each deduction has been referenced to specific failures rather than generic claims for damages.

 

Do I need to tick the box saying I dispute the claim or that I contest the jurisdiction of the court given that this was all agreed and conducted in an EU country that is not the UK?

[brassnecked]

If you dispute the claim you should tick the box and gather your supporting evidence to rebut the claim. Others may know more. Which non UK Eu country is the individual resident in, and have they issued the claim in the UK on MCOL?

[surfer7899]

They are resident in Spain and it has been issued by UK MCOL, so do they have jurisdiction to decide on a case about business conducted in Spain although I am resident in the UK?

[Andyorch]

Does the claimant reside in the UK or have connections here to serve a claim through MCOL ?

 

What address is on the claim form for the claimants or solicitors address ?

 

Take a read of the following....

 

https://europa.eu/youreurope/business/sell-abroad/resolving-disputes/small-claims/index_en.htm

 

Regards

 

Andy

[surfer7899]

Thanks Andy,

 

The claimant address is in Spain but he has listed his name and a domestic address in the UK for documentation to be sent to (although he is not resident in the UK and lives in Spain for the entire year).

 

Looking at that link I don't think this has come through the European small claims procedure due to the response timelines and all the documentation being consistent with MCOL.

[steampowered]

The rules on jurisdiction say that someone should normally sued where they are 'domiciled'. In your case that is the UK.

 

It is the residency of the Defendant that matters, not the residency of the Claimant.

 

Under the EU rules on jurisdiction between different courts you could only contest jurisdiction when you live in a country if you have a contract which says exclusive jurisdiction is given to the courts of a different country (https://en.wikipedia.org/wiki/Jurisdiction_under_the_Brussels_I_Regulation#General_jurisdiction).

 

Otherwise the English courts must accept the case, even though it may relate to a contract performed in Spain.

 

It is possible that Spanish law might apply to your contract, but that does not prevent the English courts from dealing with the case.

 

I also think contesting jurisdiction would lead you down a road you don't want to travel? As I don't think you want to end up having to defend legal proceedings in Spain (a Spanish court judgment is fully enforceable in the UK).

 

Personally I would defend the claim but would not contest jurisdiction.

[BazzaS]

+1.

 

Unless the contract sets out which Court has jurisdiction, and which jurisdiction’s law is applicable (& the 2 aren’t synonymous!!),

a) it’d usually be in the jurisdiction of the defendant’s domicile, and

b) once one EU court with potential jurisdiction is “seized” of the case, the other EU jurisdictions’ courts will usually decline to get involved.

 

If you’d really wanted to have this heard by the Spanish courts you’d have had to commence proceedings there first, (but why would you! Be careful what you wish for).

 

If only because you can come to CAG as is, if it were in the Spanish courts you’d have to find a Spanish equivalent to CAG, and post there in Spanish.

 

Unless you are fluent in Spanish, are familiar with Spanish law and feel you have more chance of winning under Spanish Law, why wouldn’t you want it in the U.K. courts .....

 

If the claimant wants it heard in the UK courts (likely, from them starting proceedings there)

but under Spanish law (which would make things much more complex!),

they’d have to show the contract stated Spanish law applied.

 

Since you say this was a verbal contract, and they've issued proceedings in the U.K., that’d be a stretch for them .... so be glad

[Andyorch]

Could we see the actual particulars claim...verbatim ..less any identifiable information ?

 

 

Andy