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

batman44

Surly a County Court cannot make an order to send the cases to another court without giving the claimants right to appeal? There is NO notice of appeal on the order they just sent it off to Luton!


This is not a direction but an order stating they moved my case and others including the case numbers to Luton for directions. Last time I seen the was an application to the court by TC for a stay pending Van der Lans, at least TC copied me in!


Perhaps I may get my right when they give directions? Small claim track and want the fee? This has been to Manchester and then Liverpool now Luton, what's going on here?


Knock on from a flight just before previous rotation and a flat tyre, not a tech problem they say but EC, well Monarch, Aviation Herald has the evidence, happens every other day!

NoviceAngel

I believe a Court can and do transfer cases to where they want them to be heard, looking at a recent case of mine:-

Before District Judge xxxxxxx sitting at the County Court at Doncaster, 74 Waterdale, Doncaster

IT IS ORDERED THAT

1. This matter be transferred to the County Court at Barnsley.


There is NO reason given none at all and does NOT give any right to appeal, I believe you can only appeal a Jugement an order to transfer a case is not a jugement and has no bearing on the outcome of the case, other than a case management decision.

I wouldn't worry just wait for the directions.
If a hearing is needed it might well be transferred back.

Cheers,

NoviceAngel

But if you win you can claim reasonable travel costs at the judges discretion.

JPears

I understand that you do have the right to appeal but within 7 days. Get that appeal in now, with the addition that as litigant in person your are become confused by the whole process as it is very difficult to get any information out of the Courts o this transfer matter (which it is)
Whats the worst that can happen? They say no. It won't affect your case .
I would write to Luton and/or Liverpool AND Monarch pointing out that you will be seeking the above mentioned costs/expenses should you be sucessful in your claim.

NoviceAngel

JPears wrote: »

I understand that you do have the right to appeal but within 7 days. Get that appeal in now, with the addition that as litigant in person your are become confused by the whole process as it is very difficult to get any information out of the Courts o this transfer matter (which it is)
Whats the worst that can happen? They say no. It won't affect your case .
I would write to Luton and/or Liverpool AND Monarch pointing out that you will be seeking the above mentioned costs/expenses should you be sucessful in your claim.

If batman44 can appeal am I correct in thinking that they will want a fee for an appeal hearing ? Although I completely agree that the Courts shouldn't be pushing cases all over the Country but if it suites them they will do so, the chances are in my view slim for winning an appeal to keep the case in Manchester, all the Courts will say is we have similar cases in Luton and we want the cases to be heard together as the legal arguments from Monarch are identical to all the Claimants.

Cheers,

NoviceAngel

NoviceAngel

Should add that if it's decided at Luton that Monarchs legal argument is a load of bo110cks then the chances are it may be sent back to Manchester for the case to go forward, this was happening to a lot of cases, like Allen at the time of Jet2s Van der Lans.

I recall reading that DrA Harrogate case was also transferred out there, I know JP has strong views on cases being tried individually and locally, I don't disagree but I also understand the Courts want consistency and to save Court time, by not having multiple cases heard all over the Country at the same time, which knowing our legal system could lead to huge inconsistencies.

If you do appeal, good luck if you don't well good luck anyway:)

batman44

Thanks Chaps,


Just going to wait to see what happens, today is the day they should have let the court and me know if there are any other cases and witnesses, obviously there are. Doubt if I get a copy.


This is just another ploy by Monarch as they want to fight a case on a flat tyre and a knock on? There are better and more possibilities on other cases than mine that they could challenge.


I can just see it now in court, tell me mr whatever if I am travelling in a car and I get a flat tyre for whatever reason is that a EC?


So if I am landing or taking off and I get a flat tyre is that an EC?


What makes a aircraft tyre different to a car? In fact I would think an aircraft tyre is more vunerable to flat tyres or bursts due to the stress and strain on them during take off and landing. Also Mr witness if this is such an EC then why do you have spares?

leespot

Hi All,

I said I'd post back when I had a result - and I have one. Monarch agreed to settle my claim for flight info: ZB533 Palma - Man 09/04/11 Rudder fault (724)

I used Bott & Co as I'm sure many others have done. I can't fault the service I've received from them, and had got to the point where I couldn't even remember the flight details - I lodged the claim back in early 2014!

Good luck to the rest of you who are in the process of claiming - sit tight!

highet

flt zb581 from faro to manchester 10/07/2010 - delayed 8 hours as consolidated with evening flight - initial self claim was offered £50 monarch voucher each as ''compensation'' - gave it to bott and co in january and received £223 x 5 as compensation last week (even got payout for 1 year old who only paid £25 to travel) - well pleased with bott and co

Bronnie

ZB558 Man - Bodrum on 01/10/12 Windscreen heater problem (710)

Just received a cheque for £280 today. Initially unsuccessful, my friend resubmitted our claims a few months ago. Perseverance pays off!

Orange_Candle

Don't know if this is the right place to post, but wanted to add these flight details as they're not in the main post.

Flight ZB285
Depart 26/08/2013 - Tenerife (TFS), 18:45
Arrive 26/08/2013 - Gatwick (LGW), 23:10

The flight was delayed by around 22 hours. Initial claim was refused by Monarch, but when we handed it over to Bott and co they successfully claimed us compensation of £209.14 each (2 passengers).