Cannot take someone to court in UK if resident in Australia

Did you know that it is effectivley impossible for an Australian not resident in UK to take a company to court in a money dispute? I found this out when I had a dispute with an accommodation agency whilst holidaying in UK. Whilst it is theoretically possible to lodge a claim with the County Court Money Claims Centre, it requires access to a UK bank account to pay for the application and it would appear that they will not hold proceedings by video link. I can post full details of what I found if you are not familar with this problem, but I think other Choice members who travel to UK should be made aware of this limitation on their consumer rights.

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Hi @kimk, welcome to the community.

Taking court action in a foreign jurisdiction can be challenging/daunting for anyone, including foreigners residing outside Australia taking action with Australia. The processes can be complex, costly and very different to that which exists in Australia.

Some courts require evidence that court costs or potentially awarded damages can be funded and why you may have found a bank account is required as part of any application. In Australia, depending on the nature of the case, surety bonds may be needed before a court considers a matter.

In relation to video evidence, each court (including in Australia) will have its own rules in relation to whether it is allowed and/or for what matters.

If one is considering any court action in another country, it is strongly recommend that legal advice is sought as the processes will be different to Australia, it could be very expensive and exceed any benefit which may be awarded through any action. There are lawyers which specialise in laws of other countries which may assist in providing such advice.

Furthermore, it is also strongly recommend that comprehensive travel insurance is also taken out as many travel related matters will be covered by policy coverage. This includes damages, injuries or losses resulting from the insured travel.

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