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

JPears

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?

35har1old

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

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).

35har1old

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

Ah yeah, thanks. I did that 3 months ago.....

mdann52

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

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.

JPears

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.

JPears

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.