How to File a Small Claims Court Case Against Any Airline (When They Refuse to Pay)

Joanna Teljeur

By:  Joanna Teljeur

5 minutes read

Last Updated:  April 28, 2025

Let’s be honest. No one really wants to go to court. But if you’ve filed a compensation claim with an airline for flight disruptions or baggage mishandling, and they refuse to pay what you’re owed, then taking the matter to small claims court might be your only option.

Taking an airline to court might seem intimidating, but lots of travellers have been in the exact same position you’re in now. So here, we’ll explain all the steps you need to take to file a small claims court case against an airline in the UK and EU.

Why Take an Airline to Court?

You would initiate a small claims court case against an airline if you were owed compensation, but the carrier refused to pay you for any of the following situations:

• Flight delays
• Cancelled flights
• Denied boarding incidents, or
• Baggage mishandling issues

You can also sue an airline for harm or injury if they don’t uphold certain safety protocols or procedures, civil rights violations, and failure to adhere to the terms stated in their contract of carriage. 

What is a Contract of Carriage?

A contract of carriage is a legal contract, between you and the airline, that you agree to when you purchase your ticket. All airlines have them, and they can be found on your carrier’s website.

When to Take an Airline to Small Claims Court

Before you consider legal action, it’s best to try to resolve your case by taking the following steps:

1. File a compensation claim directly with the airline. Always do this first.
2. Lodge a formal complaint with the airline. 
3. Escalate your case to National Regulatory bodies like the Civil Aviation Authority (CAA).
4. Try using arbitration or mediation, as these can be much faster and affordable than pursuing legal action.
5. Consider passenger advocacy and compensation services like AirAdvisor. Compensation claims are our specialty, and our legal team can take airlines to court on your behalf. You can start your claim by entering a few flight details into our compensation calculator.

If all else fails, you might be forced to take the airline to court to get compensated.

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How to File a Small Claims Court Case

If you’re thinking of taking an airline to court, remember that you will have to have solid supporting evidence to back up your claim. For this reason, it’s vital to collect any and all documentation about your flight disruption or baggage issue including,

• Boarding passes
• Ticket receipts
• Prior correspondence with the airline
• Photos and other visual assets that could fortify your case
• Receipts for extra expenses 

Once you have all your details organized, you can proceed with the following steps.

Step 1: Send a Demand Letter to the Airline

Compose a letter to the airline explaining that you are giving them one last opportunity to resolve your dispute before taking legal action. In it, you’ll need to describe what happened during your flight and your legal grounds for lodging your initial complaint. You could say something like: 

Save a copy for your records, and send it by registered post. This will prove that you took all reasonable measures to avoid court proceedings.

Step 2: Open a Small Claims Case

If you’re filing in the EU, you will have to file your case in your country of residence or in the country where the airline is based. Court filing fees vary considerably, so check with your local government office for more information.

If you’re filing in the UK, you can begin by going to the Make Court Claim for Money page that is part of the main UK government site. Once you’re there, just create an account, follow the prompts, add the details of your situation, and pay the associated court fees. Then the court will send this to the airline.

Note: You can only use this service if your claim is less than £10,000, and the airline is based or has a registered office in the UK.

Step 3: Pay the Court Fee 

So, how much does it cost to open a small claims court case? Well, it is based on how much money you are claiming from the airline. In the UK, the current fee schedule is in the following table. Remember that if you win your case, you can reclaim the fee, but if you lose, you will also lose the amount you paid.

UK Small Claims Court Fees 2025

Step 4: Wait for the Airline’s Response

At this point, the airline has 14 days to acknowledge your claim and another 14 days to respond. If you don’t get a response then you can ask for a default judgement from the court, but if the airline pushes back and defends their stance, you might have to have a small claims hearing in court.

Next Steps and Final Thoughts

Taking an airline to court can be a harrowing and potentially pricey undertaking. That’s why it’s vital to understand your rights as a passenger and to resolve the case before you actually initiate a small claims court case. 

Always remember to document every aspect of your experience if you have a flight delay or cancellation. If you gather enough information and supporting evidence, you might be able to resolve your compensation claim without having to resort to legal action. 

Need Help with Your Claim?

Not sure you want to take an airline to court? It can be daunting going up against a major corporation, but that’s why we’re here to help. At AirAdvisor, our legal team can handle your claim for you, so you don’t have to file a small claims case. We can also take the airline to court on your behalf. 

Check to see if your flight is eligible for compensation! Just enter your flight details below to get started.Check Your Flight

Author:

Joanna Teljeur

Job/Position: Senior Editor & Content Lead

Joanna Teljeur is a senior editor and writer with 15+ years of experience in editorial leadership, journalism, and content development, specialising in consumer rights, aviation law, and public-interest reporting. Her work focuses on transforming complex regulatory and legal topics into clear, accurate, and accessible content for international audiences.

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