Flight delay and cancellation compensation, Tui/Thomson ONLY

Vauban

gloriatabby wrote: »

I've got a directions/ allocation hearing coming up on Tuesday (not sure why because they already allocated it to small claims track). Thomson tried to contact me over a week ago and I only phoned them back today. They said the court wanted to do a telephone hearing and they just wanted to know what number to use. I said the court hadn't contacted me about this and they said the court had only decided yesterday - so how come Thomson were trying to contact me about it over a week ago????? Sounds like it was Thomson's request not the court's.

Has anyone else had a hearing by telephone? I can't find any mention of one on this thread. Is it usual to have a directions/allocation hearing before the hearing proper?

A directions hearing is not common, but from anecdotes on this website it generally benefits the claimant. Often it has been because the judge wants to ask some difficult questions of the airline - such as have they paid out on this before, etc.

On the telephone point, it sounds fishy that the airline is ringing you up on behalf of the court. I suspect that it's the airline that wants the hearing to be done by telephone, as it is cheaper and more convenient for them. Personally, unless it's inconvenient for you too, I'd prefer to stick with a conventional hearing (not least as you'll be able to recce the court and meet the judge in advance of the main hearing). But regardless ring the court first thing Monday and find out what is going on.

gloriatabby

Thanks Vauban - I received two letters today - one from the court telling me that the hearing will be by telephone (Idon't appear to have a choice in this) another from Thomson with a copy of the letter they sent to the court. Basically they said as they thought the case should be stayed till after the result of Dawson (at least 7th July) it would save everyone's time and money to not have this hearing but that if the court wanted the hearing to take place they would like it to be by telephone. The court obviously opted for the latter.
If I didn't hear today I was going to phone the court on Monday morning just in case Thomson were trying to trick me into not attending! I don't think I could get it changed now as it is such short notice. It is annoying that in their letter to the court on 27th May Thomson said I had been informed of their request but I knew nothing about it till yesterday and their letter asking me to phone and discuss it was sent on Thursday, reaching me today. By the way the court says the expense of the telephone hearing will be met equally by all parties.

Vauban

Yes. No surprises there then. The airline should copy any correspondence to the court to you too.

If your claim is more than 2 years old, it will be stayed pending Dawson. But if there are any other issues that you want to bring before the judge (like have they paid out on this flight, or will you be able to interrogate their witnesses, or can you see further evidence if x or y) you can raise these issues with the judge.

SunshineGal80

Hi There, I was wondering if someone could help. I've been looking through all the information but I'm confused..We had a Holiday booked with Thomson in Nov 2012 and our flight was delayed by 'Technical Issue' Which resulted in the crew going over allowed hours. The letter they gave us on boarding said the delay was 23 hours and 46 minutes but we actually took off at 24 hours and 11 minutes. However do you thing I have a claim worth pursuing :j

legal_magpie

It's not surprising that your confused as this thread has become enormous. I suggest that you read the FAQ's on the first page. As to the merits of the claim, Thomson will say anything to get out of it. There are two very important court cases awaiting the decision of the Court of Appeal. One is Huzar and the other is Dawson. There are threads on both, but do read the FAQ's
JJ

Camaro3

legal_magpie wrote: »

It's not surprising that your confused as this thread has become enormous. I suggest that you read the FAQ's on the first page. As to the merits of the claim, Thomson will say anything to get out of it. There are two very important court cases awaiting the decision of the Court of Appeal. One is Huzar and the other is Dawson. There are threads on both, but do read the FAQ's
JJ

Under 2 years, Dawson doesn't apply. (sorry Legal magpie!).


As you state, this has become a large thread, there are several people, Vauhban, centipede100 & yourself who offer great insight to help others. Happen this is the time to start a new thread? because some of you are tiring from answering the same questions.

legal_magpie

Camaro3 wrote: »

Under 2 years, Dawson doesn't apply. (sorry Legal magpie!).

It will if he doesn't issue by November (if Dawson is overturned)

nicki_d987

So it appears the Huzar judgement will be handed down on Wednesday 11th June at 10.30am.

That's certainly sooner than I had expected . . . .

JPears

pksimpson - you are not allowed to advertise or promote your services as a business on this forum, however "subtle" or otherwise your posts are

David_e

JPears wrote: »

pksimpson - you are not allowed to advertise or promote your services as a business on this forum, however "subtle" or otherwise your posts are

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