Glasgow Sheriff Court will not accept claim against Thomson

gtstu

After being refused compensation for a flight delay caused by mechanical failure we decided to proceed through small claims. We filled in the appropriate forms and presented them today at the Glasgow Sheriff Court. They advised us that under Scottish Law we cannot pursue a claim against an English based company . Has anyone else in Scotland ran into this brick wall ?

System

He is wrong
Act of Sederunt (Small Claim Rules) 2002 No. 133 Ch6,5 gives the method for serving it

Service on persons outwith Scotland
6.5. (1) If any summons, decree, charge or other document following upon such summons or decree, or any charge or warrant, requires to be served outwith Scotland on any person, it must be served in accordance with this rule.
(2) If the person has a known home or place of business in-
(a) England and Wales, Northern Ireland, the Isle of Man or the Channel Islands; or
(b) any country with which the United Kingdom does not have a convention providing for service of writs in that country,
the document must be served either-
(i) by posting in Scotland a copy of the document in question in a registered letter addressed to the person at his residence or place of business; or
(ii) in accordance with the rules for personal service under the domestic law of the place in which the document is to be served.

len49

Hi gtstu

Provided that your delayed flight does not go back more than 5 years you have been given wrong information. I can tell you that I have used that Court myself against an English based airline. I suggest you ring the Sheriff Clerks Office tomorrow and ask for the Office Manager and relate what you were told by one of his/her colleagues today. I'm sure you'll get put right and be able to raise your action.

Street parking's not too bad there around 9.30 in the morning.

Good luck

len

gtstu wrote: »

After being refused compensation for a flight delay caused by mechanical failure we decided to proceed through small claims. We filled in the appropriate forms and presented them today at the Glasgow Sheriff Court. They advised us that under Scottish Law we cannot pursue a claim against an English based company . Has anyone else in Scotland ran into this brick wall ?

NoviceAngel

len49 wrote: »

Hi gtstu

Provided that your delayed flight does not go back more than 5 years you have been given wrong information.

and I believe you can also use an English court to pursue the matter up to six years, even if you live in Scotland!