Flight delay and cancellation compensation, Ryanair ONLY
Comments
-
Having sent my ESCP forms to Liverpool, have had the acknowledgement back that they will be deemed served on 26 February with RA having until 12 March to respond.
I am guessing I might well receive the same response as Pmcm but will be responding as Dr Watson has said in that "You need to write to the court asking for the stay request to be set aside because the issues that are represented within KLM v VDL have already been dealt with.
They were dealt with in the Wallentin judgment by the European Court of Justice, and where reference was made to individual states determining such cases, the Huzar case here in the UK is the set precedent".
With regards to additional costs and interest, what should I be adding on for this?
dartilov,
No additional costs for this, your interest should run from the date of your delay.Successfully sued Ryanair in 2013/14...and have been 'helping' litigants since then.
Current known score:-
Dr Watson 35 - 0 Ryanair / Ince and Co
Go to post 622 on the Ryanair thread to read how to sue them safely.0 -
Sorry I meant, apart from the compensation and the court costs, what should I add on for interest?
Statutory interest at 8%, you should have indicated that you wanted to claim interest on your Form A.
The judge may award this when you win, or reduce the amount.Successfully sued Ryanair in 2013/14...and have been 'helping' litigants since then.
Current known score:-
Dr Watson 35 - 0 Ryanair / Ince and Co
Go to post 622 on the Ryanair thread to read how to sue them safely.0 -
Statutory interest at 8%, you should have indicated that you wanted to claim interest on your Form A.
The judge may award this when you win, or reduce the amount.
Thanks and yes I did, was just clarifying.
I claimed for 800 Euro, Court Costs and Interest @ 8%.Nil Satis Nisi Optimum
:T :money:0 -
Pmcm,
Firstly if you saw a response from me flash up and then disappear- I apologise, new tech and a 7 year old in the Watson household 'interested' in RA claims saw to that!
The court are asking if you would like to have your say to this stay request, too right you would.
What you are asking the court is to respectfully reject the stay. (Have the order set aside).
The reason for this is because the whole subject of the KLM v VDL case has already been dealt with in Wallentin and Huzar.
You need to write to the court asking for the stay request to be set aside because the issues that are represented within KLM v VDL have already been dealt with.
They were dealt with in the Wallentin judgment by the European Court of Justice, and where reference was made to individual states determining such cases, the Huzar case here in the UK is the set precedent.
My reference to Vergara was because RA tried to have a stay (or sist as in Scottish law) imposed on this claim quoting the KLM v VDL case.
The judge refused this quoting the fact that the legal arguments represented by KLM v VDL had already been settled in Jet2 vs Huzar.
In the next 5 mins I'll send you a PM with some more detail on how to approach this.
Hi there Dr Watson,
I have read the Vergara, Sherriff Principal Appeal case and I could not see any reference to KLM v VDL. Can you enlighten me to where I can see the quote that the legal arguments had been settled in Huzar case?
Thanks0 -
Fifefamily wrote: »Hi there Dr Watson,
I have read the Vergara, Sherriff Principal Appeal case and I could not see any reference to KLM v VDL. Can you enlighten me to where I can see the quote that the legal arguments had been settled in Huzar case?
Thanks
Fifefamily,
Certainly, as reported here:-
http://mbmcommercial.co.uk/blogs/banking-disputes-blog/van-der-lans-klm-should-stay-or-go/Successfully sued Ryanair in 2013/14...and have been 'helping' litigants since then.
Current known score:-
Dr Watson 35 - 0 Ryanair / Ince and Co
Go to post 622 on the Ryanair thread to read how to sue them safely.0 -
Just a quick update on my case:
After final submissions were entered and the court decided to reply I received a "Notice of Hearing" due to the request of a stay by Ryanair being opposed by the claimant and has been listed for a directions hearing.
Actually a month since I received this but the date set was for 3 1/2 months time, end of April !!!
Not something I was really expecting but according to ECJ regs they can order a personal hearing although this is supposed to be an oral hearing.
Seems a long way off and was wondering if there could be any motive behind this ie:
Result of VDL v KLM?
Already declined 2 offers of claim up to 70% and maybe judge thinks they will finally offer full amount?
Will Ryanair actually turn up at court?
I'm quite happy to go to court as it's only up the road and thanks to certain people on here I'm more than happy with my submission to the court,
Any views?
Sorry didn't make it clear but have been ordered to attend0 -
Just a quick update on my case:
After final submissions were entered and the court decided to reply I received a "Notice of Hearing" due to the request of a stay by Ryanair being opposed by the claimant and has been listed for a directions hearing.
Actually a month since I received this but the date set was for 3 1/2 months time, end of April !!!
Not something I was really expecting but according to ECJ regs they can order a personal hearing although this is supposed to be an oral hearing.
Seems a long way off and was wondering if there could be any motive behind this ie:
Result of VDL v KLM?
Already declined 2 offers of claim up to 70% and maybe judge thinks they will finally offer full amount?
Will Ryanair actually turn up at court?
I'm quite happy to go to court as it's only up the road and thanks to certain people on here I'm more than happy with my submission to the court,
Any views?
JJ_K,
I'm presuming that a stay was put on your claim and you wrote to the court to reject this? If so well done.
So now the court have set a date for a 'directions hearing' ?
This is not necessary as ESCP is a simple small claims process, being presumptious again, have the court actually set you a date for an oral hearing?
You are right that an oral hearing can be requested by RA (or the judge) but, should only be granted if the judge feels that the claim may be complex in nature and that oral representation of either parties submission may help the judge in coming to a decision.
In reality, and with precedents set by Wallentin and Huzar in such claims I struggle to see the need for this.
But if an oral hearing is in place, you certainly sound confident in approaching this.
Incidentally the oral hearing should actually be telephone or conference call based and not your good self and RA turning up for a day out at court!
Anyway will RA turn up? Well you would think they would seeing as they will have probably requested the oral hearing, I think in reality it is just more 'bully boy' tactics from them to put you off, and even despite the fact that they have offered you up to 70% which goes some way to prove acquiesce to your claim.
Remember to add your travel fees to your claim (if you do end up at court) and the cost of you needing a day off work.
If you would like help in requesting that the claim stays as a written hearing only....well you know where I am.
Good luck and keep going.Successfully sued Ryanair in 2013/14...and have been 'helping' litigants since then.
Current known score:-
Dr Watson 35 - 0 Ryanair / Ince and Co
Go to post 622 on the Ryanair thread to read how to sue them safely.0 -
Sorry once again I was not clear as it was actually a written hearing that was originally requested. Forget I actually mentioned oral. There was no request by Ryanair for oral either.
But now I'm assuming that as I have been ordered to attend they most certainly have!
No stay was put on the claim it's just that they requested it and I opposed it in my final submission.
So should I stay or should I go?0 -
So should I stay or should I go?
JJ_K,
Only you can answer that! I know what I would be doing....but my choice may not be the same as yours.
In your summons to an oral hearing the judge should have given reason for this and indicated if it was requested by RA.
As I said, the oral hearing shouldn't even involve attendance at court, but I doubt that the judge or court know this.
So you can either:-
1.Turn up for your day in court.
2.Advise the court that the oral hearing should be telephone or conference call based.
3. Respectfully submit to the court that the hearing should remain a written one and request that your case reverts to this as you requested.Successfully sued Ryanair in 2013/14...and have been 'helping' litigants since then.
Current known score:-
Dr Watson 35 - 0 Ryanair / Ince and Co
Go to post 622 on the Ryanair thread to read how to sue them safely.0
Categories
- All Categories
- 343K Banking & Borrowing
- 250K Reduce Debt & Boost Income
- 449.6K Spending & Discounts
- 235.1K Work, Benefits & Business
- 607.8K Mortgages, Homes & Bills
- 173K Life & Family
- 247.8K Travel & Transport
- 1.5M Hobbies & Leisure
- 15.9K Discuss & Feedback
- 15.1K Coronavirus Support Boards