Srilankan airlines - what to do next

lisyloo

I’m looking for advice on how to proceed.
I was delay 5.5 hours about a year ago (it’s taken a long time to get to this point).
CAA have rules in my favour.
I’m familiar with LBA etc. but I’m sure about whether there is a UK entity here.

my questions are
should I contact them first and ask them to pay now the CAA have found in my favour?
if not does anyone know how I proceed with this company. Presumably they are bound by the compensation law as they operate here but is there an entity in the uk I can pursue of so I need to pursue them abroad?

thanks in advance

TadleyBaggie

Unless they have a UK subsidiary (unlikely), a LBA is pointless.

First things first, where was the flight from/to? What caused the delay?

lisyloo

TadleyBaggie said:

Unless they have a UK subsidiary (unlikely), a LBA is pointless.

First things first, where was the flight from/to? What caused the delay?

Thanks for your help.

The flight was from London to male, connecting in Sri Lanka.
the delayed departure was caused by late baggage loading, resulting in a later connection (delay 5.5 hours).
my research (and the CAA) say this is not covered by exceptional circs.

so what is the procedure for outside the uk?

do the solicitors just have to deal with it? (Legal insurance or no win no fee)

I will google but how do I find out if they have a uk subsidiary?

Westin

Sri Lankan Airlines are in, and have been for sometime, in financial difficulties. They have accumulated massive debts over many years. The Sri Lankan Government are keen to stop subsidising the loss making airline and sell it off or close it down.  Staff have reportedly been leaving as they have not been paid or receiving contracted allowances or benefits. Regrettably I don’t think you will have much luck gaining compensation from them but good luck if you decide to try.

https://www.tamilguardian.com/content/troubles-pile-srilankan-airlines-minister-threatens-curtail-flights

https://simpleflying.com/srilankan-airlines-job-losses-restructuring/

https://www.reuters.com/business/aerospace-defense/sri-lanka-seeks-bids-divestment-loss-making-state-carrier-2023-10-31/

lisyloo

Thankyou for the info and your time.
if they been in difficulties for “some time” I don’t see why it’s automatic that they would go bust during my court case, although thanks for the warning.
a court case via either my insurance or a no win no fee solicitor will be little effort for me and no cost although I understand it will take time (it’s been over 12 months to get to this point) but as it’s 4 figures for the whole party it’s worth going for IMO if there is no cost to me.

Westin

They might not go ‘bust’ but I think their Cup of Care might be empty. 

I don’t believe they have a UK trading business as such. I suspect no UK assets. They used to have an office in London (when many airlines had prestigious central London offices) but I think that closed years back.  Now I suspect it is just their airport desk at T4/LHR and perhaps a back room at the airport. That may even be a ‘representative’ or ‘agent’ location rather than any official Sri Lankan Airlines office.

Are you thinking of papers served and a case heard in Sri Lanka?  Not convinced your home insurer or even a no win company would take the matter on given the chance of success over the claim amount vs. cost to do so. Perhaps a chat with your home insurers legal advice line might be useful to gain some views.

lisyloo

I am not sure how it works, hence asking for advice, but it seems to me asking the legal insurers and the no win no fee companies is a no brainer as that it what they offer to do. One of them claims 99% success.
i understand what you are saying but there might be reason why it’s undesirable for them to go to court (admin costs) and why it’s undesirable to have a court case against you (just as a CCJ in the UK is undesirable). As always it’s a case of who blinks first, but it will cost them money to deal with my case whereas it will cost me nothing.

psychologically I often have to follow these things to their conclusion just so I’m not questioning it for the rest of my life and know I’ve done everything. I can see that both as a good and a bad trait not being able to let things go.

Alan_Bowen

Good luck but Companies House shows no subsidiary based here so I don't think you could sue in England and I very much doubt any insurer will fund legal action in Sri Lanka where the costs will outweigh the claim tenfold. By all means, ask but be prepared for possible disappointment

lisyloo

Thanks. 
Are there ever any small claims processes in other countries, or is it always a prohibitively expensive process?

Alan_Bowen

Yes, there are many in the EU, Canada and even the US but nothing similar in Sri Lanka. You would need legal help to begin action in the District Court in Colombo and you might be required to appear to give evidence, not very realistic, is it? talk to your insurers before going any further and see what they have to say. 

lisyloo

No it’s not very realistic for me to go to Sri Lanka (it might be if I travelled there regularly but I don’t).
I didn’t know how it worked hence asking whether there were online or postal routes these days that won’t costs 5 figure sums.
i will speak to the insurers and the no win no fee people but thanks for your advice.
its good to know generally about the lack of rights (or enforceability) when you travel.
i would have expected (perhaps naively) a national airline to abide by the CAA ruling, but there you go.