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How do I sue WIZZ Malta (W4) in UK court

How do I sue WIZZ Malta (W4) in UK court

Old Aug 1, 23, 10:25 am
  #16  
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Join Date: Dec 2020
Posts: 102
Originally Posted by AviosTreasureHunter
Hi there,
You can sue Wizzair Malta at a UK address using MCOL.
The CPR allows for a foreign company to be sued using an address of a place of business of it in the UK. I did this with Finnair and Swiss when I had to sue them.

Use this address:
Suite 1 7th Floor 50 Broadway, London, SW1H 0BL

This is the address of Wizzair Group in the UK as per companies house
https://find-and-update.company-info...mpany/BR012809

Make sure you name the defendant correctly however as Wizz Air Malta Limited.
Thanks, that explains why I can sue Ryanair DAC at Ryanair UK's address.
The address you quoted is, as I said, for WIZZ Hungary (W6).
Meanwhile WIZZ UK (W9) is (https://find-and-update.company-information.service.gov.uk/company/10982241):
Main Terminal Building,
London Luton Airport,
Luton
LU2 9LY

So just to clarify, you think I should use the W6 address rather than the W9 address for WIZZ Malta (W4) claims, or can I use either?
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Old Aug 1, 23, 10:27 am
  #17  
 
Join Date: Dec 2022
Location: United Kingdom
Posts: 323
Originally Posted by jomala05
Thanks, that explains why I can sue Ryanair DAC at Ryanair UK's address.
The address you quoted is, as I said, for WIZZ Hungary (W6).
Meanwhile WIZZ UK (W9) is (https://find-and-update.company-information.service.gov.uk/company/10982241):
Main Terminal Building,
London Luton Airport,
Luton
LU2 9LY

So just to clarify, you think I should use the W6 (UK) address rather than the W9 address for WIZZ Malta (W4) claims, or can I use either?
I think you can use either, the W9 address as (I assume) W4 flies into LTN, so LTN is clearly a 'place of business within the jurisdiction'.
However as W4 is owned by W6, and W6 has said its UK address is that one in London, I think that is a clearer line of logic. W4 clearly has business as the location of its group company HQ.

This article may be of interest:

https://hsfnotes.com/litigation/2015...establishment/

Also did you have success suing Ryanair DAC at their Stansted address? I am going to have to do that soon.
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Old Aug 1, 23, 10:34 am
  #18  
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Originally Posted by AviosTreasureHunter
However as W4 is owned by W6
Didn't know that, I thought W4, W6 and W9 were "equal" branches of WIZZ Holding plc in Jersey, with none owned by the other. But if W4 is owned by W6, it makes perfect sense to use the W6 address.
Originally Posted by AviosTreasureHunter
(I assume) W4 flies into LTN, so LTN is clearly a 'place of business within the jurisdiction
W4 flies into LGW actually, which is where my flight was from. No routes to LTN AFAIK.
Originally Posted by AviosTreasureHunter
Also did you have success suing Ryanair DAC at their Stansted address? I am going to have to do that soon.
Yeah, it will be transferred to Oracle Solicitors, who will invariably declare intent to defend just to buy themselves another 14 days. But in my case the solicitors then settled and made the payout directly.
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Old Aug 1, 23, 10:41 am
  #19  
 
Join Date: Dec 2022
Location: United Kingdom
Posts: 323
Originally Posted by jomala05
Didn't know that, I thought W4, W6 and W9 were "equal" branches of WIZZ Holding plc in Jersey, with none owned by the other. But if W4 is owned by W6, it makes perfect sense to use the W6 address.
W4 flies into LGW actually, which is where my flight was from. No routes to LTN AFAIK.
Yeah, it will be transferred to Oracle Solicitors, who will invariably declare intent to defend just to buy themselves another 14 days. But in my case the solicitors then settled and made the payout directly.
You may be right actually. Its unclear on the website.
https://wizzair.com/en-gb/informatio...ny-information

However I think it would be hard for Wizzair to argue W4 has no place of business in the UK, and the obvious place (in the absense of anything from Wizzair) would be the UK address they declare for a subsidiary on Companies House. I personally would go for the W6 address as its a central London address that presumably has been chosen purely for admin purposes.

Thanks for the info regards Ryanair. A friend of mine recently sued them in Scotland over a very straightforward expenses reimbursement (meals and hotel) due to a schedule change to the following day. Ryanair submitted a hilarious defence argue it did not need to pay his expenses because they gave two weeks notice of the schedule change (completely irrelevant for expense claims).
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Old Aug 1, 23, 10:45 am
  #20  
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Originally Posted by AviosTreasureHunter
Thanks for the info regards Ryanair. A friend of mine recently sued them in Scotland over a very straightforward expenses reimbursement (meals and hotel) due to a schedule change to the following day. Ryanair submitted a hilarious defence argue it did not need to pay his expenses because they gave two weeks notice of the schedule change (completely irrelevant for expense claims).
I personally prefer OCMC (online court) https://www.moneyclaims.service.gov.uk/eligibility which requires the claimant to have a UK postal address (as I'm of no fixed address, I use one from www.ukpostbox.com which I've had even before the UK gradually became my centre of life). The defendant's must however be in England or Wales, for which Ryanair qualifies.
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Old Aug 28, 23, 8:20 am
  #21  
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Update

SUCCESS: I claimed using W6's (rather than W9's) UK address but naming W4 as the defendant. When their deadline to respond expired I instantly requested a CCJ. They got the CCJ in the post before I did (still haven't got it) and instantly emailed me asking for bank details. I replied 9 minutes later, and 26 minutes later they in turn replied that they've processed the payment.

In contrast, my claims SJJ-CPH and SJJ-SCN, which are with the Bosnian civil aviation authority, have been going on for over a year. Last week WIZZ finally processed payment of compo for SJJ-CPH, so that's good, but they've refused re-routing expenses as well as my claim SJJ-SCN which is only about re-routing expenses. Once I get the compo I'll ask the Bosnians how to proceed as they agree I'm entitled to the expenses. Odd, as it's always the other way round with e.g. Eurowings, KLM and Ryanair

UPDATE: got the LGW-MXP compo (which this post concerns) and the SJJ-CPH today; the record states WIZZ processed both at once.

Last edited by jomala05; Aug 30, 23 at 10:55 am
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Old Sep 5, 23, 6:28 am
  #22  
 
Join Date: Dec 2022
Location: United Kingdom
Posts: 323
Originally Posted by jomala05
SUCCESS: I claimed using W6's (rather than W9's) UK address but naming W4 as the defendant. When their deadline to respond expired I instantly requested a CCJ. They got the CCJ in the post before I did (still haven't got it) and instantly emailed me asking for bank details. I replied 9 minutes later, and 26 minutes later they in turn replied that they've processed the payment.

In contrast, my claims SJJ-CPH and SJJ-SCN, which are with the Bosnian civil aviation authority, have been going on for over a year. Last week WIZZ finally processed payment of compo for SJJ-CPH, so that's good, but they've refused re-routing expenses as well as my claim SJJ-SCN which is only about re-routing expenses. Once I get the compo I'll ask the Bosnians how to proceed as they agree I'm entitled to the expenses. Odd, as it's always the other way round with e.g. Eurowings, KLM and Ryanair

UPDATE: got the LGW-MXP compo (which this post concerns) and the SJJ-CPH today; the record states WIZZ processed both at once.
Keep us updated!
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