"Small Claims" /MCOL Which jurisdiction? England or NI?

JPears
JPears Posts: 5,110 Forumite
Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
edited 13 August 2024 at 9:20PM in Flight delay compensation
Sorry, lots of questions.  Thanks in advance for any answers.
I am making claims against Aerlingus and Emerald Airlines under UK261/2004 law.
Both have registered officies (UK Companies House) in Northern Ireland. I live in England.
Do I use the English court system or the Northern Ireland court system?
Can I make a claim in Northern Ireland without a Northern Ireland claimant address?
Aerlingus do have an office in London.  Can I submit correspondance/papers to this office, even though its not a "registered" address, in the context of Companies house?
If you're new. read The FAQ and Vauban's Guide

The alleged Ringleader.........

Comments

  • 35har1old
    35har1old Posts: 1,780 Forumite
    1,000 Posts Second Anniversary Name Dropper
    edited 13 August 2024 at 11:31PM
    JPears said:
    Sorry, lots of questions.  Thanks in advance for any answers.
    I am making claims against Aerlingus and Emerald Airlines under UK261/2004 law.
    Both have registered officies (UK Companies House) in Northern Ireland. I live in England.
    Do I use the English court system or the Northern Ireland court system?
    Can I make a claim in Northern Ireland without a Northern Ireland claimant address?
    Aerlingus do have an office in London.  Can I submit correspondance/papers to this office, even though its not a "registered" address, in the context of Companies house?
    What are you making a claim for?
    Aer Lingus Claims department based at Dublin airport.
    So possibly it's the Irish court system
  • JPears
    JPears Posts: 5,110 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 14 August 2024 at 8:33AM
    Expenses we incurred in re-routing ourselves after Aerlingus cancelled our flight at very short notice and failed to provide any re-routing. Flight Leeds to Dublin so claiming under UK261/2004 law ie a UK court.
    After nearly 3 months and numerous emails/X messages, we have not received any response or reply (other than an automated response).
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
  • 35har1old
    35har1old Posts: 1,780 Forumite
    1,000 Posts Second Anniversary Name Dropper
    JPears said:
    Expenses we incurred in re-routing ourselves after Aerlingus cancelled our flight at very short notice and failed to provide any re-routing. Flight Leeds to Dublin so claiming under UK261/2004 law ie a UK court.
    After nearly 3 months and numerous emails/X messages, we have not received any response or reply (other than an automated response).
    If you visit the Aer Lingus website and put in complaint it's brings up a form that is to be filled in with a case number if you have one that form allows to add pdf and jpeg only no word documents that form goes to Dublin airport claims department 
  • JPears
    JPears Posts: 5,110 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Ah yeah, thanks. I did that 3 months ago.....

    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
  • mdann52
    mdann52 Posts: 218 Forumite
    Fifth Anniversary 100 Posts Name Dropper
    Are you claiming against AirLingus or Emerald? You need to make sure you are claiming against the correct company. Who operated the flight(s) in question?
  • JPears
    JPears Posts: 5,110 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Emerald operated the flights (or rather cancelled them) but all the claims for compensation and re--routing expenses go through a claim form on the aerlingus website.
    I have been in touch, eventually, with Emerald who claim that all re-routing expenses are dealt with by Aerlingus.

    Legally/technically I think this is incorrect, but I guess it depends on what internal arrangment thay have.
    Although Emerald did pay one of the compensation payments but again are being bnon repsonsive about my partner's claim, so I might have to do a seperate claim against Emerald.
    I may have to throw a claim at both of them to get a straight answer.
    Aerlingus have simply refused to engage.

    I have found some paper court forms where you can ask the English court to consider a case where the defendant is in a different UK jurisdiction.
    Given that I'm an England resident and the cancellation happened from an English airport,  I'm thinking the claim to be made in an English court.


    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
  • JPears
    JPears Posts: 5,110 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    In the interests of research, I've submitted my case to CAA PACT section.
    Might be helpful should the case go to court.
    I find it odd that they have no "enforcement" ability when the CAA is the UK's National Enforcement Body, as required under EU261/2004 pre Brexit.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
  • JPears
    JPears Posts: 5,110 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Eventually got my re-routing costs from Aerlingus/Emerald Airlines, 8 months after the cancelled flights.
    I have no idea if the submission to PACT caused it or not as I have heard absolutely nothing from PACT.
    Despite several requests for information/update.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 350.2K Banking & Borrowing
  • 252.8K Reduce Debt & Boost Income
  • 453.2K Spending & Discounts
  • 243.1K Work, Benefits & Business
  • 597.5K Mortgages, Homes & Bills
  • 176.5K Life & Family
  • 256.1K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.