More and more holidaymakers are coming to us because they have either booked a holiday cottage or gite, or have booked a hotel directly and they find that they are in a difficult dispute and seemingly no way of resolving it. For many they do not relish the prospect of trying to bring a legal case in a country outside the UK; there is a solution through the EU Small Claims Process - or – The European Small Claims Procedure (ESCP) - which allows you to sue someone who lives in one EU Member State in the Courts of the UK!
The Process was established by EC Regulation 861/2007 and is applied without further addition to the Regulation by the Member States across the whole of the European Union
Given that you may have to consider legal action outside this jurisdiction, we would draw your attention to Part 78 of the Civil Procedure Rules (CPR) which is a set of Rules which govern how the Courts deal with Civil Claims.
In Section II of the Rules – Part 78.12 – it details the entire procedure of how to start and bring a claim under this process.
Part 78 is also supplemented by a Practice Direction which gives further guidance on how to deal with this process.
The European Small Claims Procedure allows Consumers to make claims up to a value of 2000 Euros (Article 2). This still remains a relatively new procedure and generally untested by UK Consumers, but before you embark on this process, we would always recommend that you call us for further guidance!