In short: send a letter before action giving the airline 14 days. If it still does not pay, issue a claim online at moneyclaims.service.gov.uk. For a £520 claim the issue fee is £70, and the hearing fee, if the case gets that far, is £85. The airline has 14 days to respond (28 if it acknowledges the claim). Disputed small claims of £10,000 or less go to a free, compulsory one-hour telephone mediation, then to a hearing. Win, and the court can order the airline to repay your fees.
This guide covers England and Wales. For Scotland see simple procedure; for Northern Ireland see the section below. General information, not legal advice.
Is it worth going to court?
The CAA itself says the small claims court is usually the most appropriate place for airline disputes. Flight compensation claims suit it well: the amounts are fixed by law, the facts are usually documented, and the question is often narrow – was the delay caused by extraordinary circumstances or not? Small claims are the normal track for claims up to £10,000 (CPR Part 27), and the losing side generally cannot be made to pay the other side’s lawyers, so your financial risk is limited mainly to your own court fees.
Before you start, be honest about the airline’s defence. If it has given a specific, documented reason – for example an air traffic control restriction or a bird strike – read our guide to extraordinary circumstances and the case law first. If its reason is a routine technical fault or crew shortage, courts have repeatedly found those within the airline’s control.
Before you claim: the letter before action
The Practice Direction on Pre-Action Conduct expects you to write to the airline before issuing a claim, with concise details of:
- the basis of the claim (UK261 Article 7, or EU261 if the flight departed the EU);
- a summary of the facts;
- what you want (the amount per passenger and any expenses);
- how the amount is calculated.
The airline should reply within a reasonable time – 14 days in a straightforward case (paragraph 6). You should also consider ADR: if the airline is in a scheme and you have not used it, the court may ask why. Ignoring these steps can lead to sanctions such as losing interest or paying costs (paragraphs 14–16). Use our letter before action template, send it by e-mail and recorded post, and keep proof.
Who to sue
Sue the operating airline under its correct legal name, which you can find in its terms and conditions or on Companies House – for example the UK company rather than a group brand. Money Claim Online can only be used if both you and the airline have an address in England or Wales; otherwise you would need the paper form N1 and may need advice on serving a claim abroad.
Court fees
Fees are set by HM Courts & Tribunals Service. The issue fee is paid when you start the claim; the hearing fee only if the case is allocated to the small claims track and listed for a hearing.
| Amount claimed (incl. interest) | Issue fee | Small claims hearing fee |
|---|---|---|
| Up to £300 | £35 | £27 |
| £300.01 – £500 | £50 | £59 |
| £500.01 – £1,000 | £70 | £85 |
| £1,000.01 – £1,500 | £80 | £123 |
| £1,500.01 – £3,000 | £115 | £181 |
| £3,000.01 – £5,000 | £205 | £346 |
| £5,000.01 – £10,000 | £455 | £346 |
Source: HMCTS Civil court fees (EX50), updated 26 October 2026, and GOV.UK “Make a court claim for money: fees”, read 10 November 2026. The hearing fee band for claims over £3,000 is £346. Enforcement fees (for example a warrant of control, £96) are extra. If you are on a low income you may qualify for Help with Fees.
Worked example: one passenger, London Heathrow to Athens (2,426 km), arrived 4 hours late, airline refuses. Claim £350 plus interest: issue fee £50, hearing fee £59. A couple claiming £520 each on one paper claim (£1,040) would pay £80 and £123.
Making the claim online
- Go to the GOV.UK Make a money claim service (moneyclaims.service.gov.uk) and create an account.
- Enter the airline’s legal name, address and e-mail address.
- Write the particulars of claim: flight number and date, route, scheduled and actual arrival times, the legal basis (UK261 Article 7 or EU261 Article 7, and the Sturgeon/Article 6(3) rule for delays), the amount, and that you sent a letter before action on a given date without payment.
- Add interest – GOV.UK says the usual rate is 8% a year, and the online service calculates it.
- Pay the fee by card, or enter your Help with Fees reference.
- Sign the statement of truth and submit.
Keep the particulars short and factual. Do not make allegations you cannot support. You will be able to add documents later.
The airline’s response
You will be told the date by which the airline must respond. Under CPR 15.4, the defence is due 14 days after service of the particulars of claim, or 28 days if the airline first files an acknowledgment of service. Three things can happen:
- It pays or admits the claim. This is common: some airlines settle once proceedings are issued. Make sure the payment includes your court fee.
- It does not respond. You can ask the court for judgment by default through the online service.
- It files a defence. Typically the defence will say the delay was caused by extraordinary circumstances. You will be sent a questionnaire about the case; fill it in and return it, and you may have to pay the hearing fee.
Read the defence carefully. The airline has to prove extraordinary circumstances and that it took all reasonable measures. If its defence is vague (“operational reasons”, “ATC restrictions”) with no documents, say so.
Mediation
For claims of £10,000 or less, GOV.UK says you will be told you must attend mediation organised by the court. It is free, by telephone, and lasts up to one hour; a mediator speaks to each side separately. If you agree a settlement, it is legally binding. If you do not, the case goes to a hearing – without extra delay, according to GOV.UK. Missing the appointment can lead to sanctions, including your claim being struck out. Decide beforehand the lowest amount you would accept (for example the full compensation without interest).
Preparing for the hearing
- Documents: the standard direction is to file and send copies of all documents you rely on at least 14 days before the hearing (CPR 27.4). Include the booking, boarding pass, the airline’s messages, your claim and its replies, the ADR or CAA outcome, and any flight-tracking evidence of the arrival time.
- A short statement: one or two pages setting out what happened and why the airline’s defence fails, with references to the regulation and to relevant judgments such as Huzar v Jet2 on technical faults (see our case law library).
- The hearing itself: GOV.UK says claims under £10,000 can be heard in a judge’s room or a courtroom. You can represent yourself. The judge usually gives the decision on the day.
If you cannot attend, write to the court at least 7 days before asking it to decide in your absence (CPR 27.9). The court can decide without a hearing only if all parties agree.
Judgment and getting paid
If you win, the court orders the airline to pay the compensation, interest and your court fees. Most airlines pay a judgment. If one does not, GOV.UK lists enforcement options such as a warrant of control (bailiffs), a third-party debt order freezing a bank account, or a charging order – each with a further fee. You can appeal a decision only on specific grounds, within 21 days.
Northern Ireland: the small claims court
Northern Ireland has its own procedure. Small claims of up to £5,000 are decided informally by the County Court, usually without a solicitor or barrister (nidirect). You can apply through Small Claims Online or on paper to the Civil Processing Centre. If you win, the respondent is ordered to pay the award and your application fee. Fees from 1 April 2026 (Department of Justice):
| Amount claimed | Application fee |
|---|---|
| Up to £300 | £49 |
| Over £300 up to £500 | £81 |
| Over £500 up to £1,000 | £113 |
| Over £1,000 up to £3,000 | £163 |
| Over £3,000 | £244 |
Before going to court, complaints about flights to or from Northern Ireland go to the Consumer Council for Northern Ireland rather than the CAA. More in our Ireland and Northern Ireland guide.
Frequently asked questions
Can I claim for my whole family in one claim?
Money Claim Online cannot be used if you are claiming on behalf of more than one person. Each adult passenger can bring their own claim, or you can use the paper form N1, which lets several claimants join. A parent normally claims for a child as their “litigation friend”. If several people are involved, consider getting advice or using a claims company.
Can I recover my court fees?
Yes, if you win. On the small claims track the court can order the losing party to pay the court fees you paid, the fixed costs of issuing the claim and reasonable expenses for attending the hearing (CPR 27.14). Lawyers’ costs are generally not recoverable on the small claims track, which is why most passengers represent themselves.
What if the airline has no address in England or Wales?
Money Claim Online cannot be used if the other party has no address in England or Wales. Many airlines flying from the UK have a UK registered office or branch; check Companies House. Suing a company based only abroad involves extra rules on serving the claim, and an ADR scheme, the national enforcement body or a claims company may then be more practical.
Do I have to go to the hearing in person?
Small claims hearings are usually held at a county court near you; some are held by phone or video. The court can decide a case without a hearing only if all parties agree (CPR 27.10). If you cannot attend, you can ask the court in writing, at least 7 days before, to decide in your absence.
Can I add interest?
Yes. GOV.UK says the usual rate is 8% a year, and the online service calculates it for you. The court decides if you and the airline disagree.
How long do I have to sue?
Six years from the flight in England and Wales (UK261 Article 3(9) applies section 9 of the Limitation Act 1980). Do not leave it to the last minute – the CAA and ADR schemes have earlier cut-offs.
Sources
- Make a court claim for money – GOV.UK
- Make a court claim for money: fees – GOV.UK
- Civil court fees (EX50), updated 26 October 2026 – HM Courts & Tribunals Service
- Make a court claim for money: make a claim – GOV.UK
- Make a court claim for money: mediation – GOV.UK
- Make a court claim for money: what happens at the hearing – GOV.UK
- Make a court claim for money: interest – GOV.UK
- Make a court claim for money: enforce a judgment – GOV.UK
- Practice Direction – Pre-Action Conduct and Protocols – Ministry of Justice
- Civil Procedure Rules Part 15 (defence) – Ministry of Justice
- Civil Procedure Rules Part 27 (small claims track) – Ministry of Justice
- Taking your airline to court – UK Civil Aviation Authority
- Small claims fees (Northern Ireland) – Department of Justice Northern Ireland
- Overview of the small claims process – nidirect
We check every rule against the sources above. Spotted an error? Tell us – see our editorial policy.