Flight delay and cancellation compensation, Thomas Cook ONLY

superowls

Vauban wrote: »

The prevalence or not of ECs depends less on the detail of the engineer's report and more on the legal definition of what Wallentin established as the test.

I am slightly puzzled by your post though: if you had a hearing, did you not submit to the court an argument with supporting documentation? If you have failed to do this I'm not surprised the judge was a bit vexed.

Or have I misunderstood?

It was a preliminary hearing for direction, i have never been asked to submit any documentation other than the particulars of claim - i thought the reply to the defence was asked for in the run up to the actual hearing - today was only allocated 30 minutes so not a full hearing as such.

scorpioICE

Vauban wrote: »

I am slightly puzzled by your post though: if you had a hearing, did you not submit to the court an argument with supporting documentation? If you have failed to do this I'm not surprised the judge was a bit vexed.

Or have I misunderstood?

Vauban, I have to send my bundle off with an argument but not sure of the layout, should it look similar to the defence from TC ie each part numbered? Is there a set way to do it or a template? Just been informed they will be 2 tech experts as part of TC defence team (even though they ticked 'No' saying they are not asking the courts permission to use the written evidence of an expert), which in the side paragraphs explains you must grant permission to use an expert witness.

Don't want to look like a total idiot but eh I'm not trained as a lawyer lol

Mark2spark

superowls wrote: »

It was a preliminary hearing for direction...

Who requested the Directions hearing?
We need the full package of info to be able to advise in cases where it doesn't follow the normal course.

If it was the judge that ordered the directions hearing, why? What was missing?
And what was the outcome of the directions hearing?

Seems to me that the judge needs bombarding with the Regs and other paperwork.

superowls

The judge requested the directions hearing, the outcome was that i needed to submit a response to the defence and alter the claimant details as it is only in my name and not all 4 passengers names, basically said that if there were any costs incurred then all 4 would be liable and they needed to be named.

Mark2spark

Again superowls, sorry, but not enough detail. Did you receive the airlines defence? When? When is the court date in relation to that? Did you realise you have to answer in a time frame before that date?

I take on board the 4 passenger names, that's fair enough of the judge.

superowls

Mark,

I have received the airlines defence but then the judge asked for this prelim hearing. The only date I have is the one I attended today, the judge said that he would expect my answer to the defence within 14 days from today and then a hearing would be arranged 28 days after that. I did not realise I had to answer the defence, but obviously that has become clear today.

Vauban

superowls wrote: »

Mark,

I have received the airlines defence but then the judge asked for this prelim hearing. The only date I have is the one I attended today, the judge said that he would expect my answer to the defence within 14 days from today and then a hearing would be arranged 28 days after that. I did not realise I had to answer the defence, but obviously that has become clear today.

I suggest you a) post the airline's defence, so we can all see what they say; and b) pm me your email address and I'll try to help.

Vauban

scorpioICE wrote: »

Vauban, I have to send my bundle off with an argument but not sure of the layout, should it look similar to the defence from TC ie each part numbered? Is there a set way to do it or a template? Just been informed they will be 2 tech experts as part of TC defence team (even though they ticked 'No' saying they are not asking the courts permission to use the written evidence of an expert), which in the side paragraphs explains you must grant permission to use an expert witness.

Don't want to look like a total idiot but eh I'm not trained as a lawyer lol

I'm not a lawyer either, but pm me your email address and I'll try to help.

Mark2spark

superowls wrote: »

Mark,

I have received the airlines defence but then the judge asked for this prelim hearing. The only date I have is the one I attended today, the judge said that he would expect my answer to the defence within 14 days from today and then a hearing would be arranged 28 days after that. I did not realise I had to answer the defence, but obviously that has become clear today.

But did the judge ask for the directions App *because* you hadn't filed a response to their defence, *or* because of the 4 passenger thingy?
Again, because I don't have the chronology of events, with dates, I can only assume, but I would have told the judge that my response would have been forthcoming in due course.
But that's gone now, so don't worry about it. Next step is to post the airlines defence so it can be ripped apart.

scorpioICE

Vauban wrote: »

I'm not a lawyer either, but pm me your email address and I'll try to help.

OK thank you, I've sent you my email addy.