Can I Pursue an Airline in Small Claims Court for Lost Luggage and Additional Damages in the UK?

Question from robert, Can I Pursue an Airline in Small Claims Court for Lost Luggage and Additional Damages in the UK?

Answer from AI:

In the UK, if an airline loses your luggage, you may be entitled to compensation under the Montreal Convention, an international treaty that governs the rights of air passengers. However, the process of claiming compensation and the types of damages you can claim can be complex.

Claiming Compensation for Lost Luggage

Under the Montreal Convention, airlines are liable for damages caused by delay, loss, or damage to baggage up to a limit of approximately £1,200. This limit can be exceeded if you can prove that the airline acted recklessly or with knowledge that damage would probably result.

To claim compensation, you typically need to:

1. Report the loss to the airline as soon as you realise your luggage is missing.
2. Make a written claim to the airline within 21 days of the luggage being declared lost.
3. Provide evidence of the value of the items lost, such as receipts.

Claiming Additional Damages

In addition to claiming for the value of the lost items, you may also be able to claim for consequential losses, such as the cost of replacing essential items while you were without your luggage. However, these claims are subject to the same limits as the original claim for lost luggage.

Claims for other types of damages, such as loss of work days, stress, and inconvenience, are more difficult. The Montreal Convention does not specifically provide for these types of damages, and UK courts have generally been reluctant to award them in cases of lost luggage.

Legal Costs

If you decide to pursue a claim in small claims court, you may also be able to claim for your legal costs. However, the small claims court is designed to be accessible without the need for a lawyer, so these costs are usually limited.

Seeking Legal Advice

If you’re considering making a claim against an airline for lost luggage, it’s a good idea to seek legal advice. A lawyer can help you understand your rights, guide you through the process, and advise you on the best course of action.

Remember, every case is unique and this information is intended as a general guide. For personalised advice, consult with a legal professional. You can find more information on the Citizens Advice website or the Civil Aviation Authority website.

Note: This information is not intended to be legal advice and is for informational purposes only. Always consult with a legal professional for advice specific to your situation.