Can A Claimant Request The Defendant.......

[chrissa1]

If a claimant wants to take to court a large company, can the claimant request that the case be heard in a court local to them?

[Buenchico]

A claim to be heard at county Court level can be made to any County Court "unless any enactment, rule or practice direction provides otherwise".
[Civil Procedure Rules, Practice Direction 7A, Section 2.4A(1)]

If a claim is inadvertently made to a County Court which is not permitted to deal with the matter it must automatically be forwarded to the relevant court anyway: "If a claim which is required to be made at a particular County Court hearing centre is made at the wrong hearing centre, a court officer will send the claim to the correct hearing centre before it is issued"
[ibid, s2.4(2)]

[chrissa1]

Errrr. So if my claim is for £5000 are you saying that I can have it heard in my local County Court? This company is based in the South of England. I’m in, Northumberland.

[Buenchico]

You can submit your claim to any County Court (obviously including your nearest one, which is probably Newcastle: https://courttribunalfinder.service.gov.uk/courts/newcastle-upon-tyne-combined-court-centre?q=newcastle ).

That court must then deal with your claim unless there's some legal reason which prohibits it from doing so (which would appear to be extremely unlikely).

[chrissa1]

Thanks Chris. So are you saying that if they want to defend the action, they have to travel to my, nearest court? I couldn’t afford to defend it in London.

[Buenchico]

Yes. If the case starts in Newcastle it must stay there (unless there's some obscure reason why it can't remain there, which I can't imagine existing).

[Peter Pedant]

an alternative view is
I think you MUST start here
https://www.moneyclaim.gov.uk/web/mcol/welcome

and they automatically send it to the nearest court
which I think it s the defendants nearest....

somthing like £5k you have to start as a small claim and sue MCOL - (in my opinion) - ring the helptine

[Buenchico]

As PP suggests, MCOL may well be the best way forwards:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/684567/MCOL_Userguide_for_Claimants_August_2017.pdf

Your claim would initially be handled by court officials in Northampton (simply because that's where the system is based - neither you nor the other party would have to travel there).

If the other party agreed to your claim then, obviously, nobody would need to attend any court. If they decide to defend the action you'll initially be offered mediation but if either party rejects that offer the case will then be handed to your local court.

[chrissa1]

That’s great news. Thank you Chris and PP.

Stiff upper lip and all that.