Flight delay and cancellation compensation, Tui/Thomson ONLY

Kew73

flower202 wrote: »

Well your be pleased to hear I survived..... I must admit I was absolutely bricking it... on arrival Thomsons barrister introduced herself by handing me the 'Skeleton argument' which she had just that minute handed to the Judge...this obviously did not help matters and immediately sent me into hot flushes...... but guess what I won on both counts.... YEY...... which is what i wanted to shout in court and do a little dance but I managed to restrain myself....
The judge was not a supporter of tying up courts for years with long appeals and immediately refused to stay on either count.

Two years: he summised that the Montreal convention was years old and legislation has been updated and relied on the findings of the two main cases.

Extro circumstances.... relied solely on the Wallentine test and findings of the Huzar case (thanks Mr Huzar).

I must admit it did help when the Thomsons barrister started quoting things that were clearly not in the evidence packs and I pointed out that their witness statements had a fair few inconsistencies and mistakes (thanks razersedge CAPE....)

One extra element I used which I believe went in my favour is that Thomsons are not supplying any stats to which should include other airlines on how many times these component failures are happening. (possibly because this would obviously go against them) I noticed yesterday that another individual was quoting EEC issues - the same as mine - it might be worth setting up an EC thread on this sure Thomson can not keep stating EC if these parts are constantly failing....

Anyway Thomson have been ordered to pay me in 21 days... can't wait - then I will really do a jig

1 downside - would not allow me to claim on behalf of Husband and holiday companions... so not quite finished but will definately sit back and enjoy the next stage.....

Congratulations - great job! Intrigued to know where in the country this enlightened DJ operates?

flower202

He said that each individual should have been a claimant and needed to be stated as such. So believe it was my fault for stating them incorrectly. Still next letter to Thomson ( once I have my cheque) will give them the opportunity to pay each individual or risk going back to the same court with potentially the same dj and include three separate additional court fees....

flower202

Kew73 wrote: »

Congratulations - great job! Intrigued to know where in the country this enlightened DJ operates?

Cheltenham ....

Kew73

flower202 wrote: »

Cheltenham ....

Thanks...hope his influence spreads...in the direction of Judge Woodburn in Liverpool!

Tyzap

but guess what I won on both counts.... YEY.

Congratulations and well done.

It sounds like you got a DJ who was prepared to make his own mind up without waiting for the outcome of the appeals. Good on him.

JPears

Many congratulations Flower and well done you. Best of luck on the remaining three. Shame judge wouldn't accept your locus standii - ah well "2 out of 3 ain't bad"!

legal_magpie

I don't think it's the "locus standi" but the fact that the other family members weren't Claimants in the proceedings.
I suggest that if Thomson decide not to appeal and pay up, your husband and holiday companions should renew their claims with Thomson referring to your case as they will find it difficult to relitigate on exactly the same facts. If they refuse, then issue a new claim, have it heard in the same court and ask if it can be heard by the same Judge. This shouldn't be difficult.

batman44

flower202 wrote: »

Well your be pleased to hear I survived..... I must admit I was absolutely bricking it... on arrival Thomsons barrister introduced herself by handing me the 'Skeleton argument' which she had just that minute handed to the Judge...this obviously did not help matters and immediately sent me into hot flushes...... but guess what I won on both counts.... YEY...... which is what i wanted to shout in court and do a little dance but I managed to restrain myself....
The judge was not a supporter of tying up courts for years with long appeals and immediately refused to stay on either count.

Two years: he summised that the Montreal convention was years old and legislation has been updated and relied on the findings of the two main cases.

Extro circumstances.... relied solely on the Wallentine test and findings of the Huzar case (thanks Mr Huzar).

I must admit it did help when the Thomsons barrister started quoting things that were clearly not in the evidence packs and I pointed out that their witness statements had a fair few inconsistencies and mistakes (thanks razersedge CAPE....)

One extra element I used which I believe went in my favour is that Thomsons are not supplying any stats to which should include other airlines on how many times these component failures are happening. (possibly because this would obviously go against them) I noticed yesterday that another individual was quoting EEC issues - the same as mine - it might be worth setting up an EC thread on this sure Thomson can not keep stating EC if these parts are constantly failing....

Anyway Thomson have been ordered to pay me in 21 days... can't wait - then I will really do a jig

1 downside - would not allow me to claim on behalf of Husband and holiday companions... so not quite finished but will definately sit back and enjoy the next stage.....

Great result, my wife and stepson are name as claimants on my claim and I also have authorisation from them listed in my bundle, i did not use MCOL to start my claim.

On another note a good place that lists repeat problem issues on aircraft is Aviation Hearald, a good website, in the search box if you type in the problem it will generate the listed incidents.

JPears

Lets hope Thomson see sense and do not appeal, making your further claims straightforward.

gowonstoke

Hi, any ideas regarding how to urge my claim? Wrote to Thomson last June 2013 who rejected my claim surprise surprise) so contacted CAA and made formal claim (got file ref etc). Since that time heard absolutely NOTHING. Remember CAA guy was on BBC Watchdog last Autumn and said all claims would be dealt with by Christmas 2013.
Any ideas folks as I am about to prep letter to Thomson LBA before going to small claims court?