UK261 £How to sue an airline in the UK: small claims court, Money Claim Online and Simple Procedure

Checked 15 Sep 2026·17 min read · 11 steps

6 years in England and Wales and Northern Ireland, 5 in Scotland: that is the safe window to sue an airline over a refused or ignored UK261 claim. Each of the three UK jurisdictions runs its own small claims court with its own ceiling and fee.

#1Can you take an airline to small claims court?

Yes: you can take an airline to small claims court in all 3 UK jurisdictions. England and Wales hears claims up to £10,000 and lets you file online through Money Claim Online; Scotland uses Simple Procedure up to £5,000; Northern Ireland’s small claims court takes up to £5,000. Court fits best when ADR is closed or has failed.

Source: CPR r.26.9 — justice.gov.uk; Guide to Simple Procedure — scotcourts.gov.uk; Small claims process — nidirect.gov.uk; CAA, Alternative Dispute Resolution and How the CAA can help — caa.co.uk, checked 2026-09-15; Make a court claim for money — gov.uk, checked 2026-09-22.

Complain to the airline in writing first: 8 weeks without a reply, or a final response you reject, lets a UK261 claim leave the airline. If the airline belongs to AviationADR or CEDR, submit within 12 months of its final response: the scheme is free, and an accepted decision binds the airline. Turn it down and court stays open. The airline ADR guide lists each scheme’s brands.

Airlines outside both schemes go to CAA PACT, the Passenger Advice and Complaints Team. It takes up a complaint it thinks valid, but does “not have the legal powers to impose a solution on an airline”, and it will not handle a case with less than a year left to take legal action. For Jet2 and Loganair, absent from all three ADR lists, only a court claim ends in a result the airline must follow.

Routes after an airline refusal, compared

Source: CAA, ADR page and How the CAA can help — caa.co.uk; Limitation Act 1980, s.9 — legislation.gov.uk, checked 2026-09-15.

Two of the four routes end in a result the airline must follow: an accepted ADR decision or a court judgment. You can start both yourself.

Match your airline to a row, and if it has not yet answered your written complaint, start with what to do when an airline refuses compensation.

Rather not go to court yourself? AirHelp (third-party claim service) takes on rejected or ignored UK261 claims, no win no fee, and keeps a fee from any payout. The airline’s own claim form, ADR and the small claims court stay open either way.

Do it yourself · freeClaim with the airline, then ADR

• Write to the airline and keep the reference
• Refused, or no answer in 8 weeks: its ADR scheme or the CAA, free
• You keep all of the compensation

Use the claim letter template →

Hand it overAirHelp takes the claim, no win no fee

• They deal with the airline for you
• AirHelp's fee is 35% of the compensation, VAT included, and nothing if the claim fails.

Start with AirHelp →Third-party claim service

#2How long do you have to start a court claim?

6 years from the date your claim arose is the limit in England and Wales under section 9(1) of the Limitation Act 1980, as in Northern Ireland. Scotland is 5 years under the Prescription and Limitation (Scotland) Act 1973. The Montreal Convention’s 2-year bar does not apply to Regulation 261 delay compensation, the Court of Appeal held in 2014.

Source: UK261 art. 3(9) (inserted by SI 2023/1370); Limitation Act 1980, s.9(1); Limitation (Northern Ireland) Order 1989, art. 4; Prescription and Limitation (Scotland) Act 1973, s.6(1) — legislation.gov.uk, checked 2026-09-15.

Since 14 December 2023, article 3(9) of UK261 says a claim “will be determined in accordance with section 9 of the Limitation Act 1980” for limitation purposes.

In Dawson v Thomson Airways Ltd [2014] EWCA Civ 845, the Court of Appeal held that delay compensation under Regulation 261 falls outside the Montreal Convention, so its 2-year time bar does not apply and the 6-year period in section 9 governs. The decision binds lower courts in England and Wales.

Northern Ireland reaches 6 years through article 4 of the 1989 Order and through article 3(9) alike; the Belfast City Airport page walks through that route for one airport.

Scotland is the open point. Under section 6(1) of the 1973 Act, an obligation is extinguished after 5 continuous years with no relevant claim or acknowledgment. No Scottish court has yet decided whether that rule or article 3(9) governs a UK261 claim.

The Civil Aviation Authority enforces UK261 under article 16(1), but cannot impose a solution in your case. Flight compensation time limits compares every regime.

Issue within 5 years of the flight if Scotland is where you would sue, whether the flight left Glasgow or anywhere else.

#3How does a Money Claim Online case work in England and Wales?

£10,000 is the ceiling of the small claims track in England and Wales under Civil Procedure Rule 26.9, far above the largest UK261 amount of £520 per passenger. The gov.uk issue fee starts at £35 for a claim up to £300 and reaches £455 between £5,000.01 and £10,000.

Source: CPR r.26.9(1) and (4) — justice.gov.uk; Make a court claim for money: court fees — gov.uk; UK261 art. 7(1) — legislation.gov.uk, checked 2026-09-15.

UK261 fixes the sum: £220 for flights of 1,500 km or less, £350 between 1,500 and 3,500 km, and £520 for all others, per passenger. Article 7(2) lets the airline cut the amount by 50% in some re-routing and long-haul delay cases: for a flight over 3,500 km arriving between 3 and 4 hours late, the CAA gives £260, which sits in the lowest fee band in all three jurisdictions. The UK261 delay compensation guide finds your band. Four eligible passengers on a £520 route are owed £2,080, a sum in the £1,500.01 to £3,000 band with a £115 issue fee.

Name the right airline legal entity. UK261 puts its duties on the operating air carrier, and one brand can cover several licence holders: Ryanair DAC holds an Irish licence while Ryanair UK Limited holds a CAA one, among others. Licence lists do not show which company flies which route. Wales has no separate track: a claim over a Cardiff Airport departure uses these same fees and forms.

A passenger report on r/Ryanair (u/MontserratMama, May 2026) about an earlier lost-luggage claim: “I started off by suing Ryanair UK Ltd but was told by their solicitors I had sued the wrong one.”

Check the operating carrier on your booking, and if it shows only a brand, ask the airline in writing which company operated your flight before you name a defendant.

#4How do you file a claim on Money Claim Online, step by step?

8 steps take a claim through Money Claim Online (MCOL) once you have registered with Government Gateway. The service accepts one claimant against no more than 2 defendants, and each defendant needs a full address in England or Wales. For an airline, enter the full registered company name, not the brand.

Source: Money Claim Online (MCOL) user guide — gov.uk; Practice Direction 7E, paras 4 and 5.2; Practice Direction Pre-Action Conduct, para 6 — justice.gov.uk, checked 2026-10-12.

First send a letter before claim, often called a letter before action. It sets out the basis of the claim, the facts, what you want and how you worked out the amount. The Practice Direction on Pre-Action Conduct gives the airline 14 days to reply in a straightforward case, and HMCTS warns that skipping the letter could affect or even invalidate your claim. Adapt the claim letter template for it.

Money Claim Online: the 8 steps HMCTS lists

The particulars box takes 1,080 characters, room for the flight, the delay, the UK261 article and the amount with interest. Once you pay, the claim cannot be cancelled or amended before issue, and it is issued within 2 working days.

The airline is treated as served on the fifth day after issue and has 14 days to respond, or 28 after an acknowledgment of service. Nothing by then? Request judgment by default in Money Claim Online.

Count the characters before you paste the particulars in.

#5Can you file online, and what happens if the airline disputes the claim?

5 situations rule out filing online in England and Wales: you do not know the amount, you claim on behalf of more than one person, you sue 3 or more defendants, you or the airline has no address in England or Wales, or the defendant is a government department. Those go on the paper form.

Source: Make a court claim for money — gov.uk, checked 2026-09-22; Money Claim Online user guide — gov.uk; Practice Direction 7E, para 12.2 — justice.gov.uk, checked 2026-10-12.

Two matter most here. The address rule applies to the operating company you identified above. The per-person rule catches families. Money Claim Online takes one claimant per claim, so a lead passenger cannot issue the £2,080 claim for the party of four above unless registered as a legal representative. For a claim with several claimants, such as a couple, HMCTS says to contact the Civil National Business Centre.

A disputed claim of £10,000 or less goes to free, court-arranged mediation first: a mediator from HM Courts and Tribunals Service phones each side separately, for up to one hour. A defended claim against a company then moves to the County Court hearing centre for your address. After a hearing the decision comes on the day, with 21 days to appeal a judge’s mistake.

Diary the response date the court sends you.

#6How does Simple Procedure work in Scotland?

£5,000 or less is the claim value Simple Procedure covers in Scotland, so a UK261 claim of £220, £350 or £520 per passenger fits easily. From 1 April 2026, the claim form costs £23 for a sum of £300 or less and £127 for every other claim.

Source: Scottish Courts and Tribunals Service, Guide to Simple Procedure; Sheriff Court fees — scotcourts.gov.uk, checked 2026-09-15; How to make a claim and Guide to Simple Procedure — scotcourts.gov.uk, checked 2026-10-12.

Above £5,000, a claim moves to ordinary cause. On a £520 route it takes 10 passengers, owed £5,200, to cross that line.

The fee has one step, at £300, and it is steep. A £350 claim costs £127, which is 36% of the sum claimed, against £50 (14%) in England and Wales and £81 (23%) in Northern Ireland.

Claims go in through the SCTS Civil Online portal. You cannot serve the claim form yourself, but an individual can ask the sheriff clerk to serve it. No response by the last date on the court’s timetable? Apply for a decision within 2 weeks, with an account of the expenses you claim.

Time is a further Scottish difference. The 5-year period in the 1973 Act is the safe line, and English Court of Appeal decisions such as Dawson do not bind a Scottish sheriff. Loganair sits on none of the three ADR lists, so a refused Loganair claim goes to CAA PACT or to court.

Check whether your claim is £300 or less before you pay, because the fee changes at that line.

#7Can you sue in the UK when the airline’s terms name foreign courts?

1 County Court judgment, from 24 November 2025, tests the question for one airline: in Pringle & Anor v Ryanair DAC [2025] EWCC 66, the County Court at Caernarfon rejected Ryanair’s challenge built on a clause pointing to the Irish courts. The decision binds no other court.

Source: Pringle & Anor v Ryanair DAC [2025] EWCC 66 — caselaw.nationalarchives.gov.uk, checked 2026-09-15; Money Claim Online user guide — gov.uk; CPR rr.6.9 and 6.36 — justice.gov.uk, checked 2026-10-12.

The clause covered passengers who had not claimed directly. The Pringle passengers had claimed through Flightright, which the judge held complied with the terms.

Pringle applied two Court of Appeal decisions. In Bott & Co Solicitors Ltd v Ryanair DAC [2019] EWCA Civ 143, the Court of Appeal held that Ryanair’s clause making passengers claim directly first was not a material obstacle to compensation and did not breach article 15 of Regulation 261. In Dore & Anor v EasyJet Airline Company Ltd [2022] EWCA Civ 1553, the Court of Appeal held that passengers who used easyJet’s online portal before suing had made a “claim”, and that a claims company or anyone else may submit it there in the passenger’s name. Both decisions bind lower courts in England and Wales.

None of the three sets a rule for every airline’s terms, or comes from a Scottish or Northern Irish court.

Money Claim Online needs a full address in England or Wales for each defendant, and HMCTS says a claim issued to an address outside them is invalid. Court rules allow service at a company’s place of business there, and abroad only with the court’s permission. No source on this page settles which non-UK airlines have such a place.

Submit your claim through the airline’s own claim form first, and keep proof that you did.

#8What evidence does the court expect from you and from the airline?

Article 2(n) of UK261 fixes your arrival time as the moment passengers are permitted to exit the aircraft, so a 3-hour delay is measured to that point. The airline carries the proof on 2 issues: when it told you about a cancellation, and any extraordinary circumstances it relies on.

Source: UK261 art. 2(n), 2(o), 5(3), 5(4), 6(3) and 6(4) — legislation.gov.uk, checked 2026-09-15.

Your file is short. Gather the booking confirmation, a timed record of when the doors opened, the airline’s disruption messages, and your complaint with the date you sent it and any final response.

The airline’s file is harder. Article 5(4) makes it prove when it told you about a cancellation, and 2 weeks' notice or more removes compensation. Article 5(3) frees it from compensation only if it can prove extraordinary circumstances; article 6(4) applies the same exception to delays. Article 2(o) requires events beyond the carrier’s actual control and not inherent in its normal activity, or an air traffic management decision, unavoidable with all reasonable measures.

In Jet2.com Ltd v Huzar [2014] EWCA Civ 791, the Court of Appeal held that an unforeseeable technical fault is inherent in an airline’s normal activity and not an extraordinary circumstance, even if maintenance could not have prevented it. The decision binds lower courts in England and Wales.

Where the airline does prove them, only article 7 compensation goes; care under article 9 stays owed, as the extraordinary circumstances guide explains.

Ask the airline in writing for the cause and its evidence, and keep its reply with your claim papers.

#9How much does it cost to start a claim in England and Wales, Scotland or Northern Ireland?

£35 to £455 is the issue fee range on the small claims track in England and Wales. Scotland charges £23 or £127 for a Simple Procedure claim form, and Northern Ireland £49 to £244 for a small claims application. The ceilings differ too: £10,000 in England and Wales, £5,000 in Scotland and Northern Ireland.

Source: Make a court claim for money: court fees — gov.uk; Sheriff Court fees — scotcourts.gov.uk; Small claims fees — justice-ni.gov.uk; Small claims process — nidirect.gov.uk, checked 2026-09-15; Small Claims Guide — justice-ni.gov.uk, checked 2026-10-12.

Court fees by claim value across the UK

Source: fee bands from gov.uk, scotcourts.gov.uk (from 1 April 2026) and justice-ni.gov.uk; amounts from UK261 art. 7(1) — legislation.gov.uk, checked 2026-09-15.

For one passenger, Scotland is the cheapest place to issue a £220 claim and the most expensive for £350 or £520.

Northern Ireland raised its limit to £5,000 on 3 October 2022, from £3,000, and residents can also ask the Consumer Council for Northern Ireland for help. The Belfast International page sets out that fee scale for the region’s largest airport.

Northern Ireland starts every claim at the Civil Processing Centre in Laganside Courts, where you can also apply online, and its procedure reaches a respondent elsewhere in the UK. No reply by the return date lets you apply for a decree, and a winner gets the application fee back.

Find your claim value in the table, then confirm the fee on the court’s own fee page on the day you issue.

#10What are the court fees in England and Wales, and do you get them back?

£27 to £346 is the small claims hearing fee in England and Wales, due on top of the £35 to £455 issue fee. Money Claim Online and the paper N1 claim form charge the same issue fee. Win, and the court can order the airline to repay the court fees you paid, under CPR 27.14(2)(c).

Source: Civil court fees (EX50) and Make a court claim for money: work out interest — gov.uk; CPR r.27.14 — justice.gov.uk, checked 2026-10-12.

Small claims fees in England and Wales, by amount claimed

The hearing fee falls due only once a hearing is listed, and leaving it unpaid gets the claim struck out. Settle before it is due and you never pay it; once paid, it is not refunded.

Gov.uk puts interest at usually 8% a year, and the issue fee is charged on the claim plus interest. A £260 claim plus 2 years' interest at 8%, £41.60, makes £301.60, and the fee rises from £35 to £50. Add interest when you file, because adding it later needs a judge’s permission and a further fee.

The costs rule cuts both ways. Lose, and the court cannot order you to pay the airline’s other legal costs unless you behaved unreasonably. Win, and it can also award your travel to the hearing and a capped sum for lost earnings.

#11What if the airline does not pay after a court judgment?

£96 is the fee for a warrant of control in England and Wales, the order that sends court bailiffs to collect a judgment of £5,000 or less. The bailiff asks for payment within 7 days. The court acts only when you ask: apply for the warrant and pay the fee first.

Source: Make a court claim for money: enforce a judgment; County court judgments; EX50 — gov.uk; Enforcement of the decision — scotcourts.gov.uk; Small Claims Guide — justice-ni.gov.uk, checked 2026-10-12.

Enforcement options in England and Wales

A county court judgment (CCJ) stays on the Register of Judgments, Orders and Fines for 6 years, unless the airline pays in full within one month and has it removed.

In Scotland, wait 4 weeks after the decision, then have a sheriff officer serve a charge demanding payment within 2 weeks, or 4 weeks outside the UK; the court will not enforce for you. In Northern Ireland, a decree left unpaid beyond a reasonable time, usually 14 to 28 days, can go to the Enforcement of Judgments Office.

Not your situation? EU261 and Canada’s Air Passenger Protection Regulations have their own routes; check which law covers your flight. Flying in the US? US federal rules differ — see US DOT rules.

General information on UK small claims for UK261 compensation, not legal advice. For your specific case, contact the Civil Aviation Authority, Citizens Advice or a solicitor.

#Sources

• UK 261, arts. 2-16 — legislation.gov.uk
• SI 2023/1370 — legislation.gov.uk
• Limitation Act 1980, s.9 — legislation.gov.uk
• Limitation (Northern Ireland) Order 1989, art. 4 — legislation.gov.uk
• Prescription and Limitation (Scotland) Act 1973, s.6 — legislation.gov.uk
• Civil Procedure Rules, Part 26 — justice.gov.uk
• Make a court claim for money: court fees — gov.uk
• Make a court claim for money (online claims, mediation, after you claim, hearing) — gov.uk, checked 2026-09-22
• Make a court claim for money: work out interest — gov.uk; enforce a judgment — gov.uk, checked 2026-10-12
• Civil court fees (EX50) — gov.uk, checked 2026-10-12
• Money Claim Online (MCOL) user guide, HMCTS — gov.uk, checked 2026-10-12
• County court judgments for debt — gov.uk, checked 2026-10-12
• Practice Direction 7E — justice.gov.uk; Practice Direction Pre-Action Conduct — justice.gov.uk, checked 2026-10-12
• Civil Procedure Rules, Part 6 — justice.gov.uk; Part 27 — justice.gov.uk, checked 2026-10-12
• SCTS, Simple Procedure — scotcourts.gov.uk; Sheriff Court fees — scotcourts.gov.uk; How to make a claim — scotcourts.gov.uk; Enforcement of the decision — scotcourts.gov.uk, checked 2026-10-12
• SR 2022/158 — legislation.gov.uk; Small claims process — nidirect.gov.uk
• Small claims fees — justice-ni.gov.uk; NICTS Small Claims Guide — justice-ni.gov.uk, checked 2026-10-12
• CAA, Delays — caa.co.uk
• CAA, ADR — caa.co.uk; How the CAA can help — caa.co.uk
• Jet2.com Ltd v Huzar [2014] EWCA Civ 791 — caselaw.nationalarchives.gov.uk
• Dawson v Thomson Airways Ltd [2014] EWCA Civ 845 — caselaw.nationalarchives.gov.uk
• Bott & Co Solicitors Ltd v Ryanair DAC [2019] EWCA Civ 143 — caselaw.nationalarchives.gov.uk
• Dore & Anor v EasyJet Airline Company Ltd [2022] EWCA Civ 1553 — caselaw.nationalarchives.gov.uk
• Pringle & Anor v Ryanair DAC [2025] EWCC 66 — caselaw.nationalarchives.gov.uk

#FAQ

How much can you sue an airline for?

£10,000 is the small claims track limit in England and Wales, and £5,000 applies to Simple Procedure in Scotland and to small claims in Northern Ireland. A UK261 claim is set by flight distance at £220, £350 or £520 per passenger, or half that where article 7(2) applies, so one passenger’s claim sits well inside every limit.

How likely is it to win a small claims case against an airline?

Article 5(3) of UK261 sets the test: the airline avoids compensation for a cancellation only if it can prove extraordinary circumstances. In Jet2.com Ltd v Huzar [2014] EWCA Civ 791, the Court of Appeal held that an unforeseeable technical fault is not one. Neither the CAA nor the court fee pages publish a win rate.

What can I do if my airline is refusing to pay compensation?

8 weeks after your written complaint, or once you reject the airline’s final response, take a UK261 claim to AviationADR or CEDR if the airline belongs to one, or to CAA PACT if it does not. Court stays open for 6 years in England and Wales and Northern Ireland; in Scotland, file within 5 years.

Do I need a solicitor to sue an airline?

£35 is the lowest England and Wales issue fee, for a claim up to £300, and nothing in UK261 makes a solicitor a condition of claiming. Money Claim Online takes one claimant per claim, though: a lead passenger cannot issue for the whole family unless registered as a legal representative, and each defendant needs an England or Wales address.