In short: a letter before action (also called a letter before claim) sets out your claim, the amount and how you calculated it, and gives the airline 14 days to pay before you issue a court claim. Send it after the airline’s final refusal or 8 weeks of silence, ideally after trying ADR or the CAA. It costs nothing, and airlines often pay at this stage.
The letter
[Your full name]
[Your postal address]
[Your e-mail address]
[Airline’s full legal name]
[Airline’s registered office or claims address]
[Date]
LETTER BEFORE ACTION – flight [flight number] on [date of flight], booking reference [booking reference]
Your reference: [airline’s claim reference]
Dear Sir or Madam,
I am writing about my claim for compensation under Article 7 of [Regulation (EC) No 261/2004 as it applies in the UK (UK261) / Regulation (EC) No 261/2004 (EU261)], which you [rejected on [date of rejection] / have not resolved since I submitted it on [date of claim]]. This is my final letter before I start court proceedings.
The facts
- Flight [flight number] from [departure airport] to [final destination] on [date of flight], operated by you.
- Scheduled arrival [scheduled arrival time]; actual arrival (doors open) [actual arrival time] – a delay of [number] hours at my final destination. [Or: the flight was cancelled and I was told on [date]. / Or: I was denied boarding against my will.]
- The great-circle distance of the journey is [distance] km.
- Passengers on the booking: [full names of all passengers claiming].
The claim
Under Article 7(1)[(a)/(b)/(c)], compensation of [£220 / £350 / £520 or €250 / €400 / €600] per passenger is due – [total amount] for [number] passengers. I also claim my out-of-pocket expenses of [amount] for [meals / hotel / transport] under Articles 8 and 9 (receipts enclosed).
[If the airline relied on extraordinary circumstances:] You have said the [delay / cancellation] was caused by [reason the airline gave]. You have not shown that this was an extraordinary circumstance which could not have been avoided even if all reasonable measures had been taken, as Article 5(3) requires, and you have provided no evidence for it. [For a technical fault: technical problems arising in the normal operation of an aircraft are not extraordinary circumstances – Huzar v Jet2.com Ltd [2014] EWCA Civ 791 and C-257/14 van der Lans v KLM.]
[If you used ADR or the CAA:] I referred the matter to [AviationADR / CEDR / the Civil Aviation Authority] on [date], which [decided in my favour on [date] / has not resolved it].
What I ask you to do
Please pay [total amount] within 14 days of the date of this letter, by bank transfer to: [account holder name], [sort code and account number / IBAN and BIC]. I do not accept vouchers.
If I do not receive payment, or a full written response explaining which facts you dispute and why, within 14 days, I intend to issue a claim against you in the [County Court / sheriff court / Northern Ireland small claims court] without further notice. I will also claim interest and the court fees.
[England and Wales:] This letter is sent in accordance with the Practice Direction on Pre-Action Conduct and Protocols. I am willing to consider alternative dispute resolution; if you wish to propose it, please do so in your reply.
Enclosed: [booking confirmation, boarding passes, the airline’s messages about the disruption, my previous claim and your reply, receipts].
Yours faithfully,
[Signature]
[Your full name]
Replace every highlighted part and delete the bracketed options that do not apply. Free, no registration. General information, not legal advice.
When to send it
A letter before action is the last step before court, not the first letter you send. The usual order is:
- your claim to the airline (its form or our complaint letter template);
- 8 weeks or the airline’s final response;
- the airline’s ADR scheme or, if it has none, the CAA;
- this letter;
- the court claim – see the small claims court guide.
You do not strictly have to use ADR first, but the Practice Direction says parties should consider it, and a court may ask why you did not. If the airline ignored or rejected an ADR decision you accepted, say so in the letter – it strengthens your position.
How to fill it in
- Airline’s legal name and address: use the full company name of the operating airline from its terms and conditions, and its registered office. For a UK court claim, a UK address makes things much simpler – check Companies House.
- Which regulation: UK261 for flights departing the UK, or arriving in the UK on a UK or EU airline; EU261 for flights departing the EU, or arriving there on an EU airline. If unsure, see UK261 explained.
- Amount: £220 / £350 / £520 under UK261, €250 / €400 / €600 under EU261, by distance. Our flight distance calculator gives the band. For long-haul delays of 3–4 hours the amount can be halved (£260 / €300).
- The airline’s defence: quote the reason it gave and answer it. The airline must prove extraordinary circumstances and that it took all reasonable measures. Our extraordinary circumstances guide and case law library help you pick the right reference. Only cite cases you have checked apply to your facts.
- Expenses: list meals, hotel and transport separately and attach receipts.
- Deadline: 14 days from the date of the letter.
How to send it
Send it by e-mail to the airline’s claims or customer relations address and by recorded or signed-for post to its registered office. Keep a copy, the proof of postage and any delivery confirmation. Put a reminder in your calendar for the 15th day.
Common mistakes
- Threatening court and not following through. Only send the letter if you are prepared to issue a claim after 14 days.
- Claiming the wrong amount. Check the band and the currency; a wrong figure gives the airline an easy reason to reject.
- Writing to the wrong company. The operating airline, not the travel agent or the airline that sold a codeshare ticket.
- Adding claims for distress or lost holiday time. UK261 and EU261 give fixed sums; keep other losses for separate advice.
- Missing the limitation period. Six years in England, Wales and Northern Ireland, five in Scotland – count from the flight date.
What happens next
- The airline pays: check the amount arrived for every passenger, and keep the confirmation.
- The airline replies with reasons: read them carefully. If they are new and well documented, reconsider; if not, go ahead.
- No reply or refusal: issue your claim. In England and Wales, a £520 claim costs £70 to issue online and £85 if it goes to a hearing; in Scotland a claim over £300 costs £127; in Northern Ireland £113 for £500–£1,000. See England and Wales, Scotland and Northern Ireland.
Frequently asked questions
Is a letter before action legally required?
In England and Wales there is no specific pre-action protocol for flight claims, but the Practice Direction on Pre-Action Conduct expects you to write to the defendant with concise details of the claim and give it a reasonable time to respond before issuing proceedings. If you do not, the court can impose sanctions, such as reducing the interest you receive or ordering you to pay costs.
How long should I give the airline?
14 days. The Practice Direction says a reasonable time to respond is 14 days in a straightforward case, and a flight compensation claim usually is.
Can I send it by e-mail?
Yes, and it is quicker. Send it to the airline’s claims or customer relations address and also by recorded post to its registered office, so you can prove receipt.
Does this work in Scotland or Northern Ireland?
Yes, with small changes. Remove the sentence about the English Practice Direction and name the right court: the sheriff court (simple procedure) in Scotland or the small claims court in Northern Ireland.
What if the airline replies with an offer of less than the full amount?
You can accept, negotiate or refuse. If the airline offers a voucher, you can refuse it: Article 7(3) allows vouchers only with your signed agreement.
Sources
- Practice Direction – Pre-Action Conduct and Protocols – Ministry of Justice
- Regulation (EC) No 261/2004 as it applies in the UK, Article 7 – legislation.gov.uk
- Regulation (EC) No 261/2004 as it applies in the UK, Article 5 – legislation.gov.uk
- Make a court claim for money – GOV.UK
- Am I entitled to compensation? (Huzar v Jet2, van der Lans v KLM) – UK Civil Aviation Authority
- C-257/14 van der Lans v KLM – Court of Justice of the EU
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