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  • FIRST POST
    • Mark2spark
    • By Mark2spark 11th Jan 13, 10:10 AM
    • 2,172Posts
    • 761Thanks
    Mark2spark
    Monarch delays & Compensations. Listed flights denied in O.P.
    • #1
    • 11th Jan 13, 10:10 AM
    Monarch delays & Compensations. Listed flights denied in O.P. 11th Jan 13 at 10:10 AM
    Known flights that Monarch have agreed compensation on:
    ZB227 PMI - LGW 07/10/12 This was my flight
    ZB3566 LUTON - FIUMICINO 07/10/12 (455 & 457)
    MON6072 Gatwick - Grenoble 22/12/12 (post 734)
    MON6073 Grenoble - LGW 29/12/12 (877 & 898)
    ZB 336 Calgary - Gatwick, 05/04/08 (post 861)
    ZB685 Sharm El Sheikh to Manchester 12/05/2012 (873)
    ZB812 Luton - Bodrum 31/05/12 (942)
    ZB718 Gatwick - Larnaca 02/05/12 (958)
    4279 Sharm - LGW No dates (974)
    13 Sep 12 Link to post claiming success
    May 2011 Man - Florida Link to post claiming success
    ZB648 Manchester - Larnaca 13/09/12 (1033)
    MON1829 Corfu - Manchester 13/09/10(1103)
    ZB970 Birmingham - Malaga 22/08/12 (1123)
    MON1860 Manchester - Marsa Alam 19/08/09 (1225)
    ZB521 Antalya-Manchester 01/06/12 (1283)
    ZB 284 LGW - TFS 08/04/12 (1332)
    MON4952 Manchester - Sharm el Sheikh 11/11/10 (6140 main thread)
    ZB 647 Larnaca - Man 03/09/12 (1342)
    ZB660 MAN-AGP 5 September 2010 (1683)
    ZB743 Malaga - Gatwick 14/10/12 (510)
    ZB 239 Lanzarote - Gatwick 03/11/09 (1734)
    MON312 Sanford to Cardiff 14/08/2008 (1816)
    ZB684 Man - Sharm 12/05/12 (1817)
    MON5238 Gatwick - Luxor 07/07/08 (1923)
    ZB661 Malaga - Manchester 7-10 (1939)
    ZB534, Manchester - Palma, 03/07/12 (1942)
    ZB2682 Gatwick - Goa Dabolim 6 April 2008 (2369)
    ZB698 ?? - Menorca on 29/8/2011 (2367)
    ZB 252 Gatwick - Alicante 24/02/13 (2377)
    MON1828, Manchester - Corfu, 18/07/11 (2431)
    ZB743 Malaga - Gatwick 07/10/12, (2519)
    MON 1507 Fuerteventura - LGW 21/09/11 (3184)
    MON3788 Man - Chania 27/08/13 (by PM, Bott & Co NWNF success)
    MON 2797 Las Palmas to Manchester 30/03/09 (3774)
    MON1829 Corfu-Manchester 31/05/10 (3775)
    ZB684 Man - Sharm 29/06/13 (Bott & Co) (3767)
    ZB684 Man - Sharm 29/06/13 (3867) Same flight as above
    ZB684 Man - Sharm 29/06/13 (3888) 3 different posters now successful on this flight
    Mon303 Man - Orlando 15/06/12 (3869)
    ZB286 LGW - Tenerife 23/8/13 (due to broken cabin window). (info by pm)


    Court Success
    50% withheld, judgement by default, full amount + interest + costs (post #1880)
    ZB959 PMI - BHX !03&04/07/12 hydraulic pipe failure (111KAB's case moved) (#2193)
    ZB870 Luton - Palma 30/07/11 Monarch caved in before hearing (2618)
    ZB759 Dalaman to Gatwick 22 Oct 2012 (966 & 3308) Default judgement
    ZB 634 11/07/12 Man - Paphos (3425)
    ZB534 Man - PMI 30/09/2012 (3759) Undefended at court

    Flights denied for EC's
    Mon3693 20/9/2011 Mombasa-Gatwick ruptured start duct in the number one engine (599)
    MON2693 Mombasa - Gatwick 09/11/10 Fuselage damage on incoming flight Knock on EC (664)
    ZB743 Malaga - Gatwick 7/10/12 - No2 C-duct engine fault and fan cowl delaminated. Replacement from Memphis. (510)
    ZB655 Malaga -Manchester 4/11/12 Nose landing gear fault (416)
    ZB743 Malaga - Gatwick 28/10/12 - Nose landing gear fault (510)
    ZB743 Malaga - Gatwick - 14/07/12 Cracked windscreen Different reason to above flight! - Now amended following pm from poster at 510 - dates changed (948)
    ZB743 Malaga -Gatwick 15/07/12 Engine prob on previous flight (492)
    ZB743 Malaga - Gatwick 14/10/12 - Air bleed leak on previous flight with crew out of hours Knock on EC (510) Now paid out on!
    ZB743 Malaga - Gat 23/9/12 - right elevator control leak (510 poster)
    ZB 743 Malaga - Gat 25/5/09 - cargo door fault (510 poster)
    ZB 743 Malaga - Gat 12/10/08 - damage due to being hit by baggage loading vehicle (510 poster)
    Several flights above have been amended following a pm from the poster at 510.
    ZB685 Sharm El Sheikh - Manchester 29/09/12 Wing flap hinge pin sheared off (489)
    ZB685 SSH - MAN 12/05/12 (633)
    ZB684 MAN - SSH 05/05/12 (633)
    MON1484 Gatwick-Dalaman 17/09/12 Wet lease recall & First officer called in sick (454)
    ZB248 LGW - Sharm 14/01/12 Cracked Windscreen link
    ZB248 Gatwick -Sharm El Sheik 8/4/12 Cracked windscreen needed replacing (429)
    ZB249 Sharm - Gatwick 08/04/12 Cracked windscreen (502)
    MON5028 Manchester to Zakynthos 31/05/12 Cracked windscreen (522)
    MON329, LGW - Sanford 8/05/10 Cracked windscreen (555)
    ZB7293 Dubrovnik - Gatwick 14/07/12 Cracked windscreen (737)
    ZB737 Malaga - Gatwick on 14/07/12 Cracked windscreen (721) Note same day same airport different flight number above (Malaga)
    ZB736 Gatwick - Malaga 14/07/12 Cracked windscreen (912)
    ZB264 Gatwick - Alicante 16/07/11 Cracked windscreen (807)
    ZB473 Sharm el Sheik to Birmingham 31/01/13 Cracked windscreen (1139)
    ZB742 Gatwick - Malaga 07/10/12 Engine duct fault, replacement shipped from Tennessee (369)
    ZB742 LGW - Malaga 19/09/12 Door trim fault (900)
    ZB252 Gatwick - Alicante 2/06/12 Steering and brakes tech issue on previous flight and crew out of hours so plane in Egypt overnight Knock on EC (378)
    ZB581 Faro - Manchester 3/11/12 Previous flight tech issue, divert to Dalaman (458 & 512)
    ZB216 LGW - Faro 10/06/12 Fuselage damage Link to post
    ZB217 Faro - Gatwick 20/08/12 Previous flight emergency floor lights Knock on EC (526)
    ZB534 Manchester - Palma 30/09/12, problem with previous flight ZB685 from Sharm El Sheikh (wing flap hinge sheared off) Knock on EC (531 , 656,666 & 564)
    ZB532 Manchester - Palma 09/04/11 Previous Sharm flight wing damage Knock on EC
    ZB532 Manchester - Palma 09/04/11 Rudder defect
    Now agreed to be paid Post 3530
    ZB533 Palma - Man 09/04/11 Rudder fault (724)
    MON2018 Gatwick - Male 19/04/09 digital engine control fault, previous flight Knock on EC (535)
    ZB3566 Luton-Rome 03/04/12.....Previous flight fuel valve fault Knock on EC (517)
    MON7909 Corfu - LGW 20/09/10 EC: faulty wiring in nose wheel (443 & 554)
    MON5953 Corfu - Gatwick 26/07/08 Previous flight split bleed duct knock on EC (566 & 594)
    MON5643 PVK - Man 26/8/12 previous flight fluid leak from aileron knock on EC (602)
    MON5642 MAN -PVK 19/09/10 2 planes, 1 delayed, 1 not (718)
    MON5765 Sharm - LGW 08/07/10 Throttle jammed, replace cable (612)
    MON303 Man - Sanford 15/6/2012 Computer replaced and headwinds on previous flight Knock on EC (613) Now paid out on!!
    MON327 LGW - Sanford ??/07/12 Broken R1 door, Leased plane came 12 hours later (592)
    Mon1875 Lesbos - Man 01/06/12 On board computer problem (629)
    ZB827 Dalaman - Luton 20/08/10 Nose wheel steering (677)
    ZB533 Palma - Man 07/08/12 wheel nut problem (620)
    ZB286 LGW - TFS 02/11/12(?) (662)
    ZB6375 Grenoble - Gatwick 01/03/09 Cargo door damage (667)
    ZB564 Man - TFS 17/08/12 Replaced no 2 battery (495 & 665)
    ZB013 Malaga - Luton 07-09-12 Fuel leak (possibly on previous ZB012 incoming flight, so Knock on EC) (653)
    ZB661 Malaga to Man 07/10/12 flight deck seat track replacement (648)
    ZB661 Malaga - Man 08/07/12 Electronic engine control (687)
    ZB286 LGW - TFS 22/06/12 Engine fault previous flight no spare planes (688)
    MON305 Man - Sanford 09/06/12 Engine vibration (466,467,468 & 644)
    ZB558 Man - Bodrum on 01/10/12 Windscreen heater problem (710)
    ZB248 LGW - Sharm 14/10/12 Previous flight late, crew out of hours knock on EC (711)
    ZB677 Alicante to Manchester 29/10/12 Right side engine fault (714)
    ZB751 Dal - Gat 22/09/12 Damaged engine generator fairing (749)
    ZB535 Palma - Man 09/10/12, Fault on number 2 engine on previous flight (747 & 695)
    ZB654 Man - Malaga 14th (correct date 15th)/08/10 Engine faults on 2 planes so flights combined with Ibiza (698)
    ZB627 Lanzarote-Manchester. 2.2.10 Claim denied on wrong flight (post #730)
    ZB897 Tenerife - Luton 26/06/12 Prev flight medical emergency (728 & 729)
    MON3507 Dalaman - Man 18/09/10 Electronic fault (722)
    ZB970 Birmingham - Malaga on 22/08/12 Auxilary power fault (723 & 650)
    ZB660 Man - Malaga 06/06/10, technical fault, power transfer unit (756 & 764)
    MON1287 Sharm el-Sheikh to Man 06/10/11 Flight instrument fault on previous flight, crew out of hours, knock on EC (765)
    ZB909 Dalaman to Birmingham 27/05/10 French ATC issue on previous flight, knock on EC (761)
    ZB737 Malaga - Gatwick 22/09/12 elevator aileron computer fault on previous flight (previous day) after takeoff, return to airport for fixing, knock on EC (760)
    ZB 1377 Venice - Manchester 14/6/12 Aircraft monitoring fault, flight merged and diverted to LGW later flight for passenger pick up (786)
    ZB1398, MAN - MXP (Milan) 14/06/12 Tech probs within fleet and no spare aircraft, divert to LGW to pick up passengers (828)
    ZB1377 Venice - Manchester 21/06/12 integrated drive generator leak and diverted to Milan en route to pick up passengers (870)
    ZB 7206, LGW - MXP (Milan) 21/06/12 No 1 Engine fault (880)

    ZB247 Sharm-LGW 27.10.12 Previous flight bird strike, nose leg tech issue with substituted aircraft (789)
    MON313 Cardiff - Sanford on 18/09/08 Engine fault (798)
    ZB252 Gatwick - Alicante on 10/10/12 rejected unofficial Strike in Algeria (807)
    MON1484 Gatwick - Dalaman 09/07/12 left wing bleed leak (830)
    MON349 Gatwick - Sanford 30/07/09 Ground Power Control Unit fault (833)
    MON326 Sanford - Gatwick 21/08/12 hydraulic leak, r/h landing gear bay (839 & 843)
    ZB519 Barcelona - Manchester 08/07/12 Onboard computer engine monitor fault (841)
    ZB870 Luton - Palma 30/07/11 Tech issue, no spare planes (859/860)
    MON4362 Manchester - Sharm 23/04/11 Brake unit failure (863)
    MON3584 Man - Corfu 07/08/09 hydraulic oil leak (881)
    ZB661 Malaga - Manchester 08/07/12 electronic engine control defect (687)
    ZB979 Malaga - Birmingham 05/09/12 starter motor fault (MooseTT poster)(856)
    ZB5239 Luxor - Gatwick 14/07/08 Engine fault (920)
    MON1472 LGW to Chania (Crete) 06/09/11 Spoiler fault (921)
    MON7208 LGW - Dalaman 04/09/10 brake accumulator fault (945)
    ZB692 Manchester - Mahon 03/06/11 L'ning strike prev flight knock on EC (804)
    ZB492 Birmingham - Alicante 18/09/12 Wrong plane to claimant (715)
    ZB759 Dalaman - Gatwick 22/10/12 Crew sickness (966) Now settled following court proceedings
    ZB 568 Man - TFS 13/07/12 Nosewheel problem (965)
    MON369 Gatwick - Tobago 22/08/12 Hydraulic leak r/h landing gear bay (983)
    ZB534 Man - Palma 08/09/12 (973)
    MON1473 Chania - Gatwick 11/09/12 Previous flight fuel level indicator failure (998)
    ZB249 Sharm - LGW 24/01/13 On board medical emergency (999)
    MON 2486 LGW - Innbruck 16/01/11 Suspected on board fire (1002)
    ZB634 Man - Paphos on 18/07/12 Engine fault (1006)
    ZB853 Larnaca - Luton 26/06/12 1st Officer sick (1014)
    ZB274 LGW - Barcelona 01/07/12 Anti skid system fault (1023)
    MON4620 Man - Luxor on 25/04/11 Landing gear fault during flight, return to Man ( by pm)
    ZB627 Lanzarote - Man 02/02/10 Weather and flap defect (1058)
    ZB534 Man - Palma 26/08/12 exhaust gas temperature fault (1061)
    ZB265 Alicante - LGW 02/08/12 Rudder fault (1072)
    ZB 1354 Man - Dubrovnik 05/05/12 Engine stall previous flight (1115)
    ZB535 Palma to Man 09/09/12 Engine hydraulic leak (1124)
    ZB287 TFS to LGW 22/06/12 Engine fault, replacement plane (1130)
    MON4838 LGW - Geneva 23/01/2011 Spoiler fault (1131)
    ZB535 Palma - Man 23/09/11 reason unknown (1135)
    ZB249 Sharm - LGW 23/09/12 (1) elevator servo fault, (2) replacement plane had a medical emergency on board previous flight (1157)
    MON 1506 Gatwick - Fueteventura 21/09/11 Rudder fault (1275)
    ZB238 LGW - ACE 20/09/2011 EC Rudder fault (1264)
    ZB5408 Birmingham - Rome 30/06/12 (1338) Rudder fault
    ZB 239 Lanzarote - Gatwick 01/11/12 Nose wheel landing gear fault (pm Maldon) & 1368)
    ZB 787 Paphos - Gatwick 03/10/12 Missed slot after late release from maintenance (1344)
    ZB955 Palma - Birmingham 04/10/12 Crew out of hours (1406)
    ZB634, Manchester-Paphos 07/08/11 insufficient aircraft in fleet (1412)
    MON302 Sanford - Man 17/06/11 Door sensor fault (1419)
    ZB516 Manchester - Barcelona 05/08/10 previous flight engine prob knock on (PM)
    MON1829 Corfu - Manchester 31/05/10 Various rubbish (1438)
    ZB765 Mahon - LGW 22/09/12 faulty accelerometer (2443)



    MSE Official Insert:

    This discussion thread is linked to from our Flight Delays Compensation guide. Please read that for full help.
    Last edited by MSE Andrea; 25-06-2014 at 8:59 PM.
Page 244
    • legal magpie
    • By legal magpie 10th Mar 17, 7:24 PM
    • 648 Posts
    • 326 Thanks
    legal magpie
    However they can apply for setaside, to allow submission of a defence, and possibly a hearing. They have to show good reason for not adhering to dates. But most judges are quite lenient as they would rather have a hearing/due legal process than judgement by default.
    Originally posted by JPears
    Applications to SJA are subject to the "Denton" test as well as to the rules that govern such applications. Thus, the airline will have to show
    (a) An explanation why they allowed judgement to be entered in the first place
    (b) That the application was made promptly
    (c) That they have a realistic, not merely fanciful, prospect of success. This means that they will have to put all their cards in the table at that stage. Simply to allege that there was an EC isn't enough
    (d) Under Denton, the Court can look at other circumstances. E.G. whether the airline dealt with correspondence properly.

    So most Judges certainly aren't "quite lenient" provided the application is properly contested.
    • JPears
    • By JPears 11th Mar 17, 5:56 PM
    • 2,735 Posts
    • 768 Thanks
    JPears
    Whilst that may be true, I think many veterans here know that airlines have frequently ignored court deadlines and overturned default judgements
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • silversue
    • By silversue 22nd Mar 17, 1:28 PM
    • 41 Posts
    • 0 Thanks
    silversue
    Monarch Flight ZB826 Luton to Dalaman
    Monarch have filed their defence. They are relying on the Court of Appeal decision in Huzar (Jet2.com Limited v Ronald Huzar [2014] EWCA Civ 791) namely at Para 48.......

    They also say that as the flight delay was caused by adverse weather this is not inherent in the normal exercise of an air carrier and is in fact extraordinary and clearly external to the defendant.

    They claim they satisfy the test of using all reasonable measures to avoid the delay as set out in Wallentin (C-549/07 Wallentin -Hermann v Alitalia). They claim they are a smaller airline and had only 30 aircraft within their fleet at the time and therefore did not have spare idle aircraft to cover any disruption to the programme.

    They claim to have taken all reasonable measures within their power to avoid and at best minimise the delay.

    Further they rely upon the decision of Eglitis v Latvijas Republikas ministrija at para 35 where the CJEU held that 'the regulation cannot result in airlines being led to make intolerable sacrifices'.

    In addition, they rely on the Guidance on extraordinary circumstances from the National Enforcement Bodies across Europe published by the EC.

    They also ask for strict proof that we were actually on the flight!!

    Any comments or advice would be very much appreciated
    • Tyzap
    • By Tyzap 22nd Mar 17, 8:54 PM
    • 722 Posts
    • 390 Thanks
    Tyzap
    Monarch have filed their defence. They are relying on the Court of Appeal decision in Huzar (Jet2.com Limited v Ronald Huzar [2014] EWCA Civ 791) namely at Para 48.......

    They also say that as the flight delay was caused by adverse weather this is not inherent in the normal exercise of an air carrier and is in fact extraordinary and clearly external to the defendant.

    They claim they satisfy the test of using all reasonable measures to avoid the delay as set out in Wallentin (C-549/07 Wallentin -Hermann v Alitalia). They claim they are a smaller airline and had only 30 aircraft within their fleet at the time and therefore did not have spare idle aircraft to cover any disruption to the programme.

    They claim to have taken all reasonable measures within their power to avoid and at best minimise the delay.

    Further they rely upon the decision of Eglitis v Latvijas Republikas ministrija at para 35 where the CJEU held that 'the regulation cannot result in airlines being led to make intolerable sacrifices'.

    In addition, they rely on the Guidance on extraordinary circumstances from the National Enforcement Bodies across Europe published by the EC.

    They also ask for strict proof that we were actually on the flight!!

    Any comments or advice would be very much appreciated
    Originally posted by silversue
    Hi silversue,

    The argument that Monarch are forwarding is all to do with what constitutes as an Extraordinary Circumstance.

    However, this is all pointless as it refers to the flight prior to yours and not your specific flight, which was a knock on due to poor weather conditions at Gibraltar.

    Whether the previous flight was or was not an EC is irrelevant imo.

    If that is their best argument I'll put my money on you.

    Good luck.
    Please read Vaubans superb guide.
    • 111KAB
    • By 111KAB 23rd Mar 17, 6:17 AM
    • 3,568 Posts
    • 1,448 Thanks
    111KAB
    They claim they are a smaller airline and had only 30 aircraft within their fleet at the time and therefore did not have spare idle aircraft to cover any disruption to the programme.

    In addition, they rely on the Guidance on extraordinary circumstances from the National Enforcement Bodies across Europe published by the EC.
    Originally posted by silversue

    Agree totally with Tyzap however what has the size of an airline got to do with meeting their obligations .... are they suggesting it would be in our interests to fly easyJet or Ryanair as they have larger fleets? The Monarch fleet size 'problem' is their problem it should not be yours.


    The extraordinary circumstances bunkum issued by the NEB and published by the EU is, as I say, bunkum as proven in court.


    Typical lawyer response from Monarch which is a total load of rubbish, they know it and regulars on these pages know it. They are a discredit to the legal profession and should be ashamed of themselves for putting their signature to this defence.
    • Justice13075
    • By Justice13075 23rd Mar 17, 6:58 AM
    • 760 Posts
    • 362 Thanks
    Justice13075
    Synonyms for the word Bunkum

    balderdash
    blather
    claptrap
    drivel
    garbage
    idiocy
    nonsense
    piffle
    poppycock
    rigmarole
    rubbish
    tomfoolery
    trash
    twaddle
    tommyrot
    applesauce
    baloney
    bilge
    bull
    bunk
    crap
    hooey
    malarkey

    Just about sums Monarch up perfectly
    • silversue
    • By silversue 23rd Mar 17, 10:21 AM
    • 41 Posts
    • 0 Thanks
    silversue
    wow, many, many thanks Tyzap, 111KAB, that is really helpful to me ..... and Justice13075 - loved it (especially applesauce)!
    • JPears
    • By JPears 23rd Mar 17, 2:03 PM
    • 2,735 Posts
    • 768 Thanks
    JPears
    Synonyms for the word Bunkum

    balderdash
    blather
    claptrap
    drivel
    garbage
    idiocy
    nonsense
    piffle
    poppycock
    rigmarole
    rubbish
    tomfoolery
    trash
    twaddle
    tommyrot
    applesauce
    baloney
    bilge
    bull
    bunk
    crap
    hooey
    malarkey

    Just about sums Monarch up perfectly
    Originally posted by Justice13075
    As Paul Calf (Steve Coogan character) would say - "bag of s?/te"
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • Vauban
    • By Vauban 23rd Mar 17, 3:27 PM
    • 4,514 Posts
    • 1,999 Thanks
    Vauban
    Monarch have filed their defence. They are relying on the Court of Appeal decision in Huzar (Jet2.com Limited v Ronald Huzar [2014] EWCA Civ 791) namely at Para 48.......

    They also say that as the flight delay was caused by adverse weather this is not inherent in the normal exercise of an air carrier and is in fact extraordinary and clearly external to the defendant.

    They claim they satisfy the test of using all reasonable measures to avoid the delay as set out in Wallentin (C-549/07 Wallentin -Hermann v Alitalia). They claim they are a smaller airline and had only 30 aircraft within their fleet at the time and therefore did not have spare idle aircraft to cover any disruption to the programme.

    They claim to have taken all reasonable measures within their power to avoid and at best minimise the delay.

    Further they rely upon the decision of Eglitis v Latvijas Republikas ministrija at para 35 where the CJEU held that 'the regulation cannot result in airlines being led to make intolerable sacrifices'.

    In addition, they rely on the Guidance on extraordinary circumstances from the National Enforcement Bodies across Europe published by the EC.

    They also ask for strict proof that we were actually on the flight!!

    Any comments or advice would be very much appreciated
    Originally posted by silversue
    This seems largely identical to the defence they offered in my case - which I won in court three years ago. Not very imaginative, are they?
    • silversue
    • By silversue 23rd Mar 17, 5:52 PM
    • 41 Posts
    • 0 Thanks
    silversue
    Thanks Vauban. They have asked for the Court to be in Bedford so they can bring 'experts'. Also have agreed to mediation.
    • Vauban
    • By Vauban 23rd Mar 17, 6:12 PM
    • 4,514 Posts
    • 1,999 Thanks
    Vauban
    Thanks Vauban. They have asked for the Court to be in Bedford so they can bring 'experts'. Also have agreed to mediation.
    Originally posted by silversue
    We'll as you are a LiP, and they are a large company, the convention is that it should be held at your local court (or alternatively in Liverpool, where the judicial experts for flight delay cases seem to reside).
    • legal magpie
    • By legal magpie 23rd Mar 17, 7:07 PM
    • 648 Posts
    • 326 Thanks
    legal magpie
    They are not allowed to call expert evidence unless the Court gives permission which is unusual in a small claims case. Their "experts" are probably their technical people who will give factual evidence as opposed to expert evidence which involves statements of opinion.
    I agree that you should ask for the case to be in your local county court (you may have done this in your claim form) but if not, in your directions questionnaire. Or (if you are near enough) Liverpool which is well versed in these cases.
    • silversue
    • By silversue 24th Mar 17, 11:39 AM
    • 41 Posts
    • 0 Thanks
    silversue
    I will ask for my local court but Bedford is actually nearer than Liverpool for me.
    • Vauban
    • By Vauban 24th Mar 17, 1:07 PM
    • 4,514 Posts
    • 1,999 Thanks
    Vauban
    I will ask for my local court but Bedford is actually nearer than Liverpool for me.
    Originally posted by silversue
    Yes - definitely ask for your local court, not Liverpool. But a lot of these cases get sent to Liverpool regardless. One advantage of Liverpool is that, because the judges are so well versed in the law, the airlines don't get to hoodwink a less experienced district judge and indeed often the court throws out the airlines' defence (where it is clear there is no merit), so no hearing is ever needed!

    I've just dredged up the "Court Success Thread", which you should have a read of too silversue. Have a look too for the (two-part) report of my own case (in February 2014), when Monarch were made to bring their witnesses to Winchester ...
    • silversue
    • By silversue 25th Mar 17, 4:05 PM
    • 41 Posts
    • 0 Thanks
    silversue
    Thank you SO much Vauban. I will look back at your case again. You've been so helpful and I am truly grateful.
    • silversue
    • By silversue 29th Mar 17, 11:59 AM
    • 41 Posts
    • 0 Thanks
    silversue
    I was mistaken (sorry), it is not 'expert' they will be bringing, just 2 witnesses.
    • silversue
    • By silversue 29th Mar 17, 5:21 PM
    • 41 Posts
    • 0 Thanks
    silversue
    Logged in to Flightstats and found 'Historical Flight Status is only available as part of our Professional Subscription'. I'm sure I found the information earlier but now there's a difference in Flightstats accessibility... or am I doing something wrong?
    • 111KAB
    • By 111KAB 29th Mar 17, 8:06 PM
    • 3,568 Posts
    • 1,448 Thanks
    111KAB
    You are not doing anything wrong but why do you need flightstats??? There are other forums/pages ... I have PM'd you links....please trust them. Flightstats now using subscription channels for the info you want ... but proably do not need.
    • silversue
    • By silversue 30th Mar 17, 12:36 PM
    • 41 Posts
    • 0 Thanks
    silversue
    thanks 111KAB, I wanted to check how long they would have known that our aircraft wouldn't have been available for our flight since it was diverted en route to Gibraltar. Having a plane flown from Gatwick to Luton to be available for our flight would have taken less than an hour from the time they knew, but it was 5 hours. That event proves to me that they didn't do all they could. Just trying to get all the details ready. Sorry, I'll check your PM again, thanks for all your help.
    Last edited by silversue; 03-04-2017 at 1:10 PM.
    • 111KAB
    • By 111KAB 30th Mar 17, 5:19 PM
    • 3,568 Posts
    • 1,448 Thanks
    111KAB
    Ah in that case try this site but you have to be patient and work through things .....


    http://www.libhomeradar.org/databasequery/
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