Flight delay and cancellation compensation, Tui/Thomson ONLY

David_e

Arthur0810 wrote: »

Any comments or advice re claiming now would be appreciated.

Go for it!

Sstaggy1

Hi Guys,I'm looking for any advice here.

I had my day in court with Thomson in October, and won my case. Thomson asked for the right to appeal, on the basis that the law had been mis-interpreted. The judge refused, but gave them a note to take to the circuit judge (I think).

Anyhow, I have now received notice that they have been granted the right to appeal, and have to have papers with the court and myself by a set date, I then have around a week to respond.

My case was built around knock on effects (18 hours 40 min delay) and based on Wallentin and all the other cases frequently cited on this forum. They had argued extra ordinary circumstances and crew being out of hours.I guess until I have their papers and the full details, there is not a lot I can do, but any advice at all would be gratefully received.

Thanks

Vauban

Interesting - if frustrating for you. Seems an odd way to get an appeal, but perhaps the legal experts can comment on that.

In what respect was which law misapplied, I wonder. Did Thomson say?

If your claim is fundamentally about a technical problem, I can imagine the claim being stayed until Huzar reaches a conclusion.

So they never paid you?

bigstevex

Centipede100 wrote: »

I have just googled "NBA" and "small claims action" together and it didn't mention basketball. Suggest you do exactly as I stated!

I did figure that one eventually of course I should have added :beer:

111KAB

Vauban wrote: »

In what respect was which law misapplied, I wonder. Did Thomson say?

My bet is on Dawson!

Sstaggy1

Vauban wrote: »

Interesting - if frustrating for you. Seems an odd way to get an appeal, but perhaps the legal experts can comment on that.

In what respect was which law misapplied, I wonder. Did Thomson say?

If your claim is fundamentally about a technical problem, I can imagine the claim being stayed until Huzar reaches a conclusion.

So they never paid you?

They paid me in full by the due date, over £2200. I will check their appeal basis and mlet you know

JPears

Sstaggy1 wrote: »

Hi Guys,I'm looking for any advice here.

I had my day in court with Thomson in October, and won my case. Thomson asked for the right to appeal, on the basis that the law had been mis-interpreted. The judge refused, but gave them a note to take to the circuit judge (I think).

Anyhow, I have now received notice that they have been granted the right to appeal, and have to have papers with the court and myself by a set date, I then have around a week to respond.

My case was built around knock on effects (18 hours 40 min delay) and based on Wallentin and all the other cases frequently cited on this forum. They had argued extra ordinary circumstances and crew being out of hours.I guess until I have their papers and the full details, there is not a lot I can do, but any advice at all would be gratefully received.

Thanks

Did you get no input into the right to appeal process?

chezza2524

socrates1882 wrote: »

Unfortunately a Judge only really sees the file on two occasions - at directions questionnaire stage and at final hearing. Unless you draw the court's attention to a failure to comply a DJ will often not be aware of it.

It depends on the specific wording of the order - some Judges make provisions for penalties if people don't comply, such as not being able to rely on cases. That often isn't the case in small claims matters though.

The letter actually says:
Upon it appearing from the papers in the case that the defendant has failed to file witness statements and/or copy documents as ordered by the court, and of the court's own motion
It is ordered that:
1.UNLESS the defendant shall by 4.00pm 23 January 2014 file at court and serve on the claimant statements (including a statement of his/her own evidence.) and copy documents on which he/she relies and if he/she fails to do so the defence and any counterclaim be struck out and the claimant shall be entitled to enter judgement on the claim without further order.
2. This order has been made without a hearing under the courts case management powers contained in part 3 of the civil procedure rules. You may within 7 days of the service of this order apply to the court to set aside or to vary the order under part 23 rule 10. You must file with the court and serve on the other parties an application that sets out your reasons for objection.

chezza2524

Vauban wrote: »

The Court gave you a deadline to submit your respective bundles? And Thomson are now beyond this? By how much?

Write to the Court Manager to complain, and ask that this be brought before the attention of the judge. Regrettably most judges don't seem to care too much - but a few will strike out a defence if there is no good reason for the delay in submitting. At the very least, it shows the airline behaving badly.

Yes the court deadline was 5 weeks ago

JPears

chezza2524 wrote: »

The letter actually says:
Upon it appearing from the papers in the case that the defendant has failed to file witness statements and/or copy documents as ordered by the court, and of the court's own motion
It is ordered that:
1.UNLESS the defendant shall by 4.00pm 23 January 2014 file at court and serve on the claimant statements (including a statement of his/her own evidence.) and copy documents on which he/she relies and if he/she fails to do so the defence and any counterclaim be struck out and the claimant shall be entitled to enter judgement on the claim without further order.
2. This order has been made without a hearing under the courts case management powers contained in part 3 of the civil procedure rules. You may within 7 days of the service of this order apply to the court to set aside or to vary the order under part 23 rule 10. You must file with the court and serve on the other parties an application that sets out your reasons for objection.

So you'll be ringing the court Friday morning. If they haven't submitted what's required, you get judgement by default. We'll await you posting Friday morning
Have the 7 days to apply for set aside passed too?