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

legal_magpie

Mark2spark wrote: »

Legal Magpie, I'd be interested in your opinion, if there would be any mileage in taking an airline to court, *after* the 6 year deadline, but *if* the LIP had written correspondence from the airline within the 6 year period saying that they were dealing with the case, the angle to put to the judge is that the airlines deliberate and futile procrastination amounted to deception of their intentions, and that their *conduct* should be taken into account?

A Defendant can agree not to take a limitation point and/or to extend the limitation period. This happens quite often.
A far more difficult area is if a Defendant can be held to be estopped from relying on Limitation for some reason.
There has to be some conduct on the part of the Defendant which has led the Claimant to believe that the Defendant would not rely on Limitation.


The mere fact of negotiations before and/or after the expiry of the limitation period cannot constitute a waiver or an estoppel: Super Chem Products Ltd v American Life and General Insurance Co Ltd [2004] UKPC 2, [2004] 2 All ER 358, [2004] 1 All ER (Comm) 713 and Hillingdon London Borough Council v ARC Ltd [2000] 3 EGLR 97, [2000] RVR 283, CA.

legal_magpie

A further useful case is Fortisbank v Trenwick International http://www.bailii.org/ew/cases/EWHC/Comm/2005/399.html
See Para 30

Luisfilipe

Hello everyone. Wonder if any of you can help out please. I submited a claim with Monarch using their claim forms posted on the 3rd of February 2015 signed by someone of Monarch on the 5th of February 2015. I've not heard anything from Monarch not even an e-mail to acknowledge the receipt of my claim. Claim is for flight ZB594 Manchester to Faro 15/08/2013. I have a letter from Monarch fro that day it states that the flight was delayed due to Technical problems within the Monarch Fleet and waiting the return of the aircraft from a previous flight. The flight was scheduled to arrive at 18:30 and arrived at 22:26. From people experience on this forum what are the percentages of my cliam being sucessful and when should i email/write to them to chase it up? Many thanks for all your help

glentoran99

Call them, then sue them otherwise they will probably ignore you

legal_magpie

glentoran99 wrote: »

Yep at long last although took a solicitor to get it

Falls off chair in disbelief

glentoran99

legal_magpie wrote: »

Falls off chair in disbelief

I understand your shock, You would have thought a fine upstanding airline such as monarch would have paid willingly

Although I begrudglingly had to give a NWNF a cut I take comfort in the fact that Monarch have had to pay out more than if they had just paid me at the time, and I also havent recieved that much less than if they had of paid up back then

legal_magpie

It wasn't that. It was someone having a good thing to say about a solicitor

stephdoe86

Hi all,

I'm sure this was covered some time ago but I don't want to go through 218 pages!

I flew from Manchester to Palma (Majorca) on (I think) 10th July 2009 and returned a week later. Both flights were delayed by over three hours (the return flight by around eight hours). Is there anywhere I can find the flight numbers and the exact delay times on these flights? I can't seem to find a UK website that stores this information. Obviously being so long ago I don't have any paperwork for it anymore!

thanks,

legal_magpie

Others will answer your specific questions, Steph, but I simply point out that if you intend to pursue this claim you only have just over 4 months to commence proceedings so you will have to get cracking

Vauban

stephdoe86 wrote: »

Hi all,

I'm sure this was covered some time ago but I don't want to go through 218 pages!

I flew from Manchester to Palma (Majorca) on (I think) 10th July 2009 and returned a week later. Both flights were delayed by over three hours (the return flight by around eight hours). Is there anywhere I can find the flight numbers and the exact delay times on these flights? I can't seem to find a UK website that stores this information. Obviously being so long ago I don't have any paperwork for it anymore!

thanks,

The answers to your questions are in my guide (much less than 218 pages!)