In short: try the airline, then its ADR scheme or the CAA. If you still are not paid, submit a simple procedure claim through the SCTS Civil Online portal (paper: Form 3A). The fee is £23 for claims of £300 or less and £127 above that (from 1 April 2026). The sheriff clerk arranges service on the airline by recorded delivery. Claims must be brought within 5 years in Scotland.
General information, not legal advice. Check the current rules and forms on the Scottish Courts and Tribunals Service website before you submit.
What simple procedure is
Simple procedure is the Scottish court process for money claims of £5,000 or less. The Scottish Courts and Tribunals Service (SCTS) describes it as “a speedy, inexpensive and informal way to resolve disputes”. Claims are heard in the sheriff court. A UK261 claim – £220, £350 or £520 per passenger – fits comfortably, and so does a family claim.
The rules are in the Act of Sederunt (Simple Procedure) 2016. One of their principles is that parties should be encouraged to settle their disputes by negotiation or alternative dispute resolution, at any stage of the case. In practice that means the sheriff will expect you to have tried the airline – and usually its ADR scheme – first. Different rules and forms apply to claims started before 31 May 2023; this guide covers new claims.
Before you claim
- Claim from the airline in writing – see our complaint letter template.
- Escalate after 8 weeks or a final response: to the airline’s ADR scheme (AviationADR, CEDR and others) or, if it has none, to the CAA.
- Send a final demand giving a clear deadline, for example 14 days. Our letter before action template works in Scotland too – just remove the reference to the English Practice Direction.
- Identify the airline correctly: its full legal name and an address for service, ideally a place of business in Scotland or the UK.
Fees and expenses
Court fees for simple procedure under the Sheriff Court Fees Order 2026, payable from 1 April 2026:
| Item | Fee |
|---|---|
| Claim form, claims of £300 or less | £23 |
| Claim form, other claims (up to £5,000) | £127 |
| Appeal | £74 |
| Service by sheriff officer (if needed) | £15 plus the sheriff officer’s fees (Citizens Advice Scotland) |
The fee is paid when you submit online and is refunded automatically if the claim is rejected. You may be exempt from fees if you or your partner receive certain benefits.
Expenses you can recover
Expenses – the legal costs the winner can claim from the loser – are capped in lower-value claims, according to Citizens Advice Scotland:
- claims up to £300: no expenses;
- over £300 up to £1,500: no more than £150;
- over £1,500 up to £3,000: no more than 10% of the claim;
- over £3,000 up to £5,000: at the sheriff’s discretion.
The caps do not apply in some situations, for example if the other side did not defend the claim or behaved clearly unreasonably. Ask for expenses on the original claim form. The same caps protect you: if you lose a £350 claim, your exposure to the airline’s expenses is limited.
Step by step
- Register on Civil Online, the SCTS portal for submitting and tracking simple procedure claims. Paper claims (two copies of Form 3A, with a note explaining why you cannot use the portal) are the exception.
- Complete the claim: your details, the airline’s legal name and address, the amount (per passenger, totalled), what happened and why the airline owes it – the flight, the arrival delay, the distance, UK261 Article 7 (or EU261 if the flight departed the EU), and the steps you took to settle.
- Pay the fee.
- The sheriff clerk issues a timetable (Form 3D) with the last date for service and the last date for the airline’s response. Service must normally be at least three weeks before the response date.
- Service: you cannot serve the claim yourself. As an individual you can ask the sheriff clerk to serve it by recorded delivery.
- The airline responds – it can admit the claim, ask for time to pay, dispute it, or not respond. If there is no response, you can apply for a decision in your favour.
If the airline disputes the claim
A disputed case is managed by the sheriff, who can order the parties to provide information, encourage settlement or ADR, and fix a hearing. Prepare as you would for any small claim:
- a short chronology with scheduled and actual times;
- copies of your booking, boarding pass, the airline’s messages and your correspondence;
- the ADR or CAA outcome, if you have one;
- your answer to the airline’s defence – usually extraordinary circumstances. The airline must prove them; see our extraordinary circumstances guide and the case law library.
After a decision, there is a right of appeal on a point of law (fee £74). If the airline does not pay a decision, it can be enforced through sheriff officers.
The 5-year time limit in Scotland
The CAA and MoneySavingExpert both give five years for claims in Scotland, compared with six in England, Wales and Northern Ireland. In Scotland the period is a prescription period under the Prescription and Limitation (Scotland) Act 1973, which can extinguish the obligation altogether. Bear in mind the CAA will not handle a complaint if less than a year remains, and the ADR schemes require you to apply within 12 months of the airline’s final response. More: time limits by country.
If you live in Scotland but the flight was elsewhere
A Scottish resident flying from London is covered by UK261 in the usual way; the question is only which court to use, which generally depends on where the airline is based or has a place of business. For flights departing the EU, see national enforcement bodies – since Brexit the European Small Claims Procedure is not available from UK courts.
Frequently asked questions
Can I serve the claim on the airline myself?
No. The Scottish Courts and Tribunals Service says you cannot serve the claim form on the respondent yourself. Individuals and sole traders can ask the sheriff clerk to serve it by recorded delivery; otherwise a solicitor or sheriff officer is needed.
Which sheriff court do I use?
Generally the sheriff court where the respondent lives or has a place of business. For consumer contracts, special rules can let a consumer sue in their own local court. If the airline has no place of business in Scotland, check the jurisdiction rules or ask the sheriff clerk before you submit.
Do I need a solicitor?
No. Simple procedure is designed to be “speedy, inexpensive and informal”, and most people bring small claims themselves. Free advice is available from Citizens Advice Scotland, Money Advice Scotland and law centres.
Can I get my court fee back?
If you win, you can ask for expenses, but in claims up to £3,000 they are capped (nothing up to £300; at most £150 between £300 and £1,500; at most 10% of the claim between £1,500 and £3,000), with exceptions – for example if the airline did not defend the claim. You must ask for expenses on your claim form.
Does the CAA handle complaints from Scottish passengers?
Yes – for flights covered by UK261 where the airline is not in an ADR scheme. If the airline is in AviationADR or CEDR, use the scheme first. See CAA complaint and ADR schemes.
Sources
- Simple procedure – Scottish Courts and Tribunals Service
- How to make a claim with simple procedure – Scottish Courts and Tribunals Service
- The Sheriff Court Fees Order 2026 (SSI 2026/74), Schedule 1 – legislation.gov.uk
- Costs of civil court action using simple procedure – Citizens Advice Scotland
- Act of Sederunt (Simple Procedure) 2016 – legislation.gov.uk
- Alternative dispute resolution (time limits: five years in Scotland) – UK Civil Aviation Authority
- Regulation (EC) No 261/2004 as it applies in the UK, Article 7 – legislation.gov.uk
- Flight delay compensation (six years, five in Scotland) – MoneySavingExpert
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