County to Court to European Court (ESCP) - Advice/Help Please

ian_h

I'm hoping someone has had a similar experience or can offer some advice.

I have brought a claim against Brussels Airlines in the County Court (CCMCC) using a published UK address for them.

The Notice was returned and upon investigation the address was a serviced office that they left 2 years ago and according to the staff there "never updated anything or left any forwarding address".

The only other address is there head office in Brussels, so my question is really:

1. Can I get the UK County Court papers re-issued to an address in Brussels and if so how would I enforce?

2. Can I transfer the claim to my local county court using the European Small Claims Procedure (if so how) or would this need to be a new claim?

3. Any advice on enforcement in Belgium? Is it like here with Court Bailiffs who are not as effective as enforcement officers?

Thanks in advance for anything you can add.

CobyBenson

Which address did you use? I've used the following address and they confirmed receipt and filed a defence.

Heathrow Boulevard 2 284 Bath Road
Sipson
West Drayton
UB7 0DQ

You don't need to re-issue the claim, you can serve it yourself on their Brussels address, however be warned that the rules regarding this are quite complicated (See Part 6 of the Civil Procedure Rules).

As Centipede100 said, if you want to use the ESCP then you'll need to re-issue the claim, pay a new fee etc. Bare in mind however that you may need to have the documents translated if requested by the airline.

Finally, in terms of enforcing any Judgment (subject to the amount awarded) this can be done by The Sheriffs Office, who have a reciprocal agreement with Belgium.

ian_h

Thanks Coby thats a new address to me, how long ago did you use it?

CobyBenson

I used it about 6 months ago, but it's still showing as their UK address at Companies House.

ian_h

Thanks for all your help both of you.

I assume I just need to submit an N244 requestion to change the defendants address and have the notice re-issued to the correct address?