Can I take a Scottish airline to Small Claims via MCOL (England)?

Justme2020

I’m in the middle of a dispute with LoganAir who won’t properly respond to my complaint. 

I have an English address but their HQ is in Glasgow. 

Can I use MCOL (England) or do I need to use the Scottish equivalent ?

thanks. 

DullGreyGuy

Need to look at which legal jurisdiction applies to your contract which will depend on if it was a code share or not. 

Assuming Scottish Law applies you'd need to issue in the Sheriffs Court in Scotland, there is an online process for simple cases under £5k 

Justme2020

DullGreyGuy said:

Need to look at which legal jurisdiction applies to your contract which will depend on if it was a code share or not. 

Assuming Scottish Law applies you'd need to issue in the Sheriffs Court in Scotland, there is an online process for simple cases under £5k 

Thanks!

It definitely wasn’t a code share so I’ll go under the assumption it’ll be Scottish law and required to go via the Sheriff’s Office (rather than the English MCOL).

eskbanker

You might wish to refer the issue to the CAA prior to embarking on legal action:

https://www.caa.co.uk/passengers/resolving-travel-problems/how-the-caa-can-help/how-the-caa-can-help/

Justme2020

eskbanker said:

You might wish to refer the issue to the CAA prior to embarking on legal action:

https://www.caa.co.uk/passengers/resolving-travel-problems/how-the-caa-can-help/how-the-caa-can-help/

Thanks - it reads that our issue is outside of their scope though. 

eskbanker

Justme2020 said:

eskbanker said:

You might wish to refer the issue to the CAA prior to embarking on legal action:

https://www.caa.co.uk/passengers/resolving-travel-problems/how-the-caa-can-help/how-the-caa-can-help/

Thanks - it reads that our issue is outside of their scope though. 

Oh right, I was assuming it was a delay/cancellation compensation or refund issue from the board you chose to post it on, was it something completely different then and if so, under which legislation are you pursuing a debt?

Justme2020

eskbanker said:

Justme2020 said:

eskbanker said:

You might wish to refer the issue to the CAA prior to embarking on legal action:

https://www.caa.co.uk/passengers/resolving-travel-problems/how-the-caa-can-help/how-the-caa-can-help/

Thanks - it reads that our issue is outside of their scope though. 

Oh right, I was assuming it was a delay/cancellation compensation or refund issue from the board you chose to post it on, was it something completely different then and if so, under which legislation are you pursuing a debt?

It does relate to a flight and is a Scottish airline. It’s additional costs that were caused by a cancellation which they’re refusing to refund despite us being ~£250 out of pocket due to their mistake. 

eskbanker

Justme2020 said:

eskbanker said:

Justme2020 said:

eskbanker said:

You might wish to refer the issue to the CAA prior to embarking on legal action:

https://www.caa.co.uk/passengers/resolving-travel-problems/how-the-caa-can-help/how-the-caa-can-help/

Thanks - it reads that our issue is outside of their scope though. 

Oh right, I was assuming it was a delay/cancellation compensation or refund issue from the board you chose to post it on, was it something completely different then and if so, under which legislation are you pursuing a debt?

It does relate to a flight and is a Scottish airline. It’s additional costs that were caused by a cancellation which they’re refusing to refund despite us being ~£250 out of pocket due to their mistake. 

That sounds like you're hoping to recover some consequential losses, so the question remains about the legal or contractual basis on which you'd anticipate doing so? Anyway, I get the impression that you may not wish to discuss the merits of your case here, but let us know how you get on if you go ahead....

[Deleted User]

If you use the Scottish legal system will you have to go to Scotland for the hearing? With MCOL it's usually your local court.

Justme2020

eskbanker said:

Justme2020 said:

eskbanker said:

Justme2020 said:

eskbanker said:

You might wish to refer the issue to the CAA prior to embarking on legal action:

https://www.caa.co.uk/passengers/resolving-travel-problems/how-the-caa-can-help/how-the-caa-can-help/

Thanks - it reads that our issue is outside of their scope though. 

Oh right, I was assuming it was a delay/cancellation compensation or refund issue from the board you chose to post it on, was it something completely different then and if so, under which legislation are you pursuing a debt?

It does relate to a flight and is a Scottish airline. It’s additional costs that were caused by a cancellation which they’re refusing to refund despite us being ~£250 out of pocket due to their mistake. 

That sounds like you're hoping to recover some consequential losses, so the question remains about the legal or contractual basis on which you'd anticipate doing so? Anyway, I get the impression that you may not wish to discuss the merits of your case here, but let us know how you get on if you go ahead....

Thanks - keeping the merits on the downlow as I’m sure firms monitor these forums. 

The basis of the claim: cancelled flight from airport x and having our departure changed to airport y. Out of pocket expenses for the having to drive and park at airport y whereas going from airport x would’ve cost us nothing

eskbanker

Justme2020 said:

eskbanker said:

Justme2020 said:

eskbanker said:

Justme2020 said:

eskbanker said:

You might wish to refer the issue to the CAA prior to embarking on legal action:

https://www.caa.co.uk/passengers/resolving-travel-problems/how-the-caa-can-help/how-the-caa-can-help/

Thanks - it reads that our issue is outside of their scope though. 

Oh right, I was assuming it was a delay/cancellation compensation or refund issue from the board you chose to post it on, was it something completely different then and if so, under which legislation are you pursuing a debt?

It does relate to a flight and is a Scottish airline. It’s additional costs that were caused by a cancellation which they’re refusing to refund despite us being ~£250 out of pocket due to their mistake. 

That sounds like you're hoping to recover some consequential losses, so the question remains about the legal or contractual basis on which you'd anticipate doing so? Anyway, I get the impression that you may not wish to discuss the merits of your case here, but let us know how you get on if you go ahead....

Thanks - keeping the merits on the downlow as I’m sure firms monitor these forums. 

The basis of the claim: cancelled flight from airport x and having our departure changed to airport y. Out of pocket expenses for the having to drive and park at airport y whereas going from airport x would’ve cost us nothing

Unless you have some other legislation in mind that would entitle you to claim such costs, that sounds like a claim under the article 8 rerouting provisions of the UK261 regulations, and therefore within the CAA's scope?