Flight delay and cancellation compensation, Tui/Thomson ONLY

deb.p123

I have received the below from Liverpool Court, I applied to Altrincham, and its been moved! I am confused, I think from the below it may get stayed depending on the Huzar case, and it is up to Thomson to explain why it should not get struck out, am I reading this correctly? Also I though CMC was a case management conference does this mean arbitration?


Upon the court considering the Court File, including the letter of 23 January 2014 from the Defendant:
AND having regard to:
(a( Paragraph 4 of the Defence dated 13 September 2013, and
(b) The judgment of HHJ Platts in the Appeal of Huzar v Jet2.com (heard on 15/10/13 at Manchester County Court):
AND the court considering it proportionate so to do];
IT IS ORDERED THAT:
1 Listed for CMC on 7 March 2014 at 12.00pm with time estimate of 1 hour for the Defendant to show cause why this Defence should not be struck out pursuant to CPR Part 3.4(2)(a);
3 Any skeleton arguments shall be exchanged between parties and filed with the court by no later than 3 days before the date set for the hearing:


PS.Thomson quoted extraordinary circumstances due to a technical fault.

Vauban

deb.p123 wrote: »

I have received the below from Liverpool Court, I applied to Altrincham, and its been moved! I am confused, I think from the below it may get stayed depending on the Huzar case, and it is up to Thomson to explain why it should not get struck out, am I reading this correctly? Also I though CMC was a case management conference does this mean arbitration?

Don't worry - this is basically good news for you.

Have a search for "Liverpool" or "Judge Woodburn" for others' experiences. But basically, the Courts have started to group these cases and send them to a District Judge who is across the law - rather than one who is not familiar with the Regulation.

The airline must now go to court to explain to the DJ why their defence should not be struck out, based on established European law (Wallentin, not Huzar).

I appreciate that Altringham is not Liverpool - but it's only 30 miles away, and much better than the case is heard by a competent judge!

You will need to pull your bundle and skeleton argument together. Have a look at my documents on the Court Success thread for an example of what's required: http://forums.moneysavingexpert.com/showpost.php?p=64739956&postcount=426

deb.p123

I was sort of hoping it was good news.
Yes I agree better in Liverpool if seen by a judge who has more knowledge of these type of cases.
I will look at your court bundle to see how much detail I need.
Thanks

Bolly8

I have sent an LBA to Thomson giving them 14 working days to reply.Must I then immediately start court proceedings or may I do this when I choose?.I suppose everything will be stayed until after the Dawson appeal,in May!

111KAB

Bolly8 wrote: »

I have sent an LBA to Thomson giving them 14 working days to reply.Must I then immediately start court proceedings or may I do this when I choose?.I suppose everything will be stayed until after the Dawson appeal,in May!

An NBA should not be used as a threat - if you say it ....mean it. Given the Dawson appeal is in May there is every chance it will precede your hearing so if you submit say 9th March with cases taking around 6 months you are probably not going to be in court until August'ish anyway.

bailey23cc

Can you give my some advice please. I arrived back at Bristol at 02.30 this morning from Gran Canaria. This was 5 hours late. We were told of the delay at the airport and the cause was the plane was delayed because of snow - not at Bristol. The plane had done another flight in the morning to Chamonix in France, was unable to land and had to divert to Lyon. The passengers at Chamonix had to be bussed to Lyon before flying back to Bristol.
Bad weather means you can't claim compensation but the bad weather wasn't on our flight but had a knock-on effect. Thomson could surely have used another plane to do the Bristol-Gran Canaria flight.
Do we have grounds for compensation? All help gratefully received.
Thanks
Joy

dpccrc6

Just a quick update on my court appearance on the 7th February, the judge awarded me £2536 compensation for my 15 hour delay back in 2010, even though council was trying to push him into waiting for the outcome of the Dawson appeal, the judge said it wasn't fair to keep me hanging on after he had awarded me the money... I did think that Thomson would appeal but they didn't and my cheque arrived on Friday....!!!

For anyone else that might have been on the flight the details are

Tuesday 21st December 2010 flight to Tenerife from Birmingham

David_e

bailey23cc wrote: »

Bad weather means you can't claim compensation but the bad weather wasn't on our flight

And that's the key point.

bailey23cc wrote: »

Do we have grounds for compensation?

Yes you do so get reading the FAQs.

dpccrc6

:beer::T:beerJust a quick update on my court appearance on the 7th February, the judge awarded me £2536 compensation for my 15 hour delay back in 2010, even though council was trying to push him into waiting for the outcome of the Dawson appeal, the judge said it wasn't fair to keep me hanging on after he had awarded me the money... I did think that Thomson would appeal but they didn't and my cheque arrived on Friday....!!!

For anyone else that might have been on the flight the details are

Tuesday 21st December 2010 flight to Tenerife from Birmingham

David_e

dpccrc6 wrote: »

Just a quick update on my court appearance on the 7th February, the judge awarded me £2536 compensation for my 15 hour delay back in 2010,

Excellent! Well done. Especially nice to see an outbreak of common sense among the judiciary.