Monarch delays & Compensations. Listed flights denied in O.P.

statictom

In my case with Monarch I have been given a Case Management Conference on 28th Feb 2014 in Liverpool. This is for the defence to show cause why the case should not be struck out. Monarch have also raised the issue of the appeal of Huzar-v-Jet2.
I have been asked for a skeleton argument to be exchange between parties and the court.

I am seeking advice re a skeleton argument. I appreciate it is a brief account of my complaint/case, but wondering if I have to exhibit the relevant case law I wish to use, ie: copies of EU 261/2004, Wallentin, and the Huzar appeal, letter from British Air Transport Association, etc.

Do I have to keep the skeleton argument brief, as with the relevant documents to show full case it can end up quite bulky.

Anyone else had to provide a skeleton argument.

I am mindful of Monarch mentioning the Huzar case to the court in a recent letter. I still have time to await the outcome of the application to appeal which is not due to be heard until sometime in January. I may be in a better position once I know the outcome.

CobyBenson

District Judge Woodburn at Liverpool County Court is now listing quite a few cases for CMCs so that airlines can demonstrate why their defence should not be struck out.

Your skeleton argument should be confined to legal arguments and applying the salient facts. It should indeed refer to 261, Wallentin, Huzar etc.

In order for a judge to strike out a defence he must be satisfied that the Defendant has no reasonable prospect of defending the claim.

Your should therefore demonstrate that the circumstances are not extraordinary and/or the airline has not taken reasonable measures.

statictom

CobyBenson wrote: »

District Judge Woodburn at Liverpool County Court is now listing quite a few cases for CMCs so that airlines can demonstrate why their defence should not be struck out.

Your skeleton argument should be confined to legal arguments and applying the salient facts. It should indeed refer to 261, Wallentin, Huzar etc.

In order for a judge to strike out a defence he must be satisfied that the Defendant has no reasonable prospect of defending the claim.

Your should therefore demonstrate that the circumstances are not extraordinary and/or the airline has not taken reasonable measures.

Many thanks for that Coby, much obliged

diggerb

I am not an expert but have been through the court process. In my case the first thing the judge asked for were the details of the relevant law the claim was related to,it took me by surprise as my thinking was (its all on the claim form lets get on with it).
So in my opinion its best to have all your ducks in a row, relevant law,simple skeleton argument evidence etc all nicely referenced, easy to read through and a copy for you, the judge and the defence, if they are present at this stage.
I won my case and am in the process of going back with a claim for my wife (English law !!) and i will try to be i sight more organised this time. Last point surely you could google up a pro skeleton argument and just swap in your circumstances.
Good luck.

statictom

diggerb wrote: »

I am not an expert but have been through the court process. In my case the first thing the judge asked for were the details of the relevant law the claim was related to,it took me by surprise as my thinking was (its all on the claim form lets get on with it).
So in my opinion its best to have all your ducks in a row, relevant law,simple skeleton argument evidence etc all nicely referenced, easy to read through and a copy for you, the judge and the defence, if they are present at this stage.
I won my case and am in the process of going back with a claim for my wife (English law !!) and i will try to be i sight more organised this time. Last point surely you could google up a pro skeleton argument and just swap in your circumstances.
Good luck.

Thanks for the advice diggerb. All noted. My court file is currently like an encyclopedia and I need to try and trim it down to a skeleton argument. Have noted the advice also from CobyBenson and will proceed down those lines.

neillkel

This is to inform you that I have just received compensation for this delayed flight. ZB826 Luton to Dalaman on the 07/09/2012 Initially Monarch refused to pay out and I took my complaint to the CAA, To be honest they were pretty pathetic and it took several phone calls, emails and letters before I got anywhere. Eventually, they sent my case back to Monarch who agreed to pay compensation. I thought it best to let everyone who was on that flight know and hopefully you are able to put it on your list of successful claims.

spanish_inquisition

Hi Peeps

Anyone have any info on Monarch ZB535 26/08/12

Regards
Russ

joella68

hi all i havent posted on here for a long time now, but just to get up to date i wondered if i could get some advice really, typically i cant find the letter from monarch but i was refused compensation ...... my flight was ZB248 LGW TO SHARM 15/07/2012, from what i remember of the letter they said it was a technical fault, well i havent done anything further to pursue the case, but strangely i got an email last night from monarch, i will try to attatch it at the end, can anyone advice what i should do next and does anyonne know if there has been any successful claims for this particular flight ?
warmest regards, Jo
Thank you for your email. This is an auto response to acknowledge receipt of your email.

If you have attached an EU Claim form:

We will endeavour to process your claim within 28 days. If we require any additional information we will be in touch to let you know. Should you have not heard anything after this 28 day period please do not hesitate to contact us.

Please ensure any attached files do not exceed 10Mb in size as our inbox will not accept file data beyond this capacity.

If you are enquiring about a previously submitted claim:

We will need some time to investigate the circumstances surrounding your delay. This may involve obtaining feedback from a number of different areas of the business and in some circumstances, third party suppliers. Our aim is to process all claims as quickly as possible. We will notify you once our investigations are complete and we would like to thank you for your patience and understanding.

Kind regards,

EU Claims Team

Monarch Airlines

111KAB

joella68 wrote: »

can anyone advice what i should do next and does anyonne know if there has been any successful claims for this particular flight ?

With regard to fellow passengers may be worth looking here >


https://www.facebook.com/MonarchComplaints


Their response however is the standard cut n' paste reply and therefore you have 3 alternatives...


1) Court application yourself
2) No win no fee firm or
3) Walk away.


Good luck if you choose 1 or 2 - if you choose 3 you have done exactly what Monarch hoped for!

joella68

111KAB wrote: »

With regard to fellow passengers may be worth looking here >


https://www.facebook.com/MonarchComplaints


Their response however is the standard cut n' paste reply and therefore you have 3 alternatives...


1) Court application yourself
2) No win no fee firm or
3) Walk away
Good luck if you choose 1 or 2 - if you choose 3 you have done exactly what Monarch hoped for!

Thanks for the reply,
so should i just go with the court action now ?