Flight delay and cancellation compensation, Tui/Thomson ONLY

shibumi

eskbanker said:

shibumi said:

Thank you I will research further.  I guess I was hoping to be a witness and present my evidence as such that I used for my own case. 

I'd have thought that the two roles are quite distinct, i.e. a representative would do all the talking on behalf of the claimant, whereas a witness would typically be adding credibility by endorsing specific aspects of the claimant's arguments with specialist expertise or simply independence and impartiality?

To what extent is your evidence different from that of the claimant and are they not confident about using the same arguments you relied on?

The evidence will be the same.  We were on the same flights travelling together but under seperate bookings.  The other claimants are my husband and son (both going to find it difficult getting time off work)   I just need to understand whether I can attend court to represent them as a lay person or whether they need to attend ? Either one or both of them ? Many thanks 

shibumi

mdann52 said:

Have you been listed as a witness by the claimant?

If you want to appear as a witness, you will have to be named as such, provide a statement, and TUI can question this. 

You cannot appear as both a Witness and a Lay Representative.

Thank you.  At present the case is not yet allocated.  Directions questionnaire stage. In an ideal world I would act as a lay representative (if possible as I have no legal background).  Is it possible that I can attend as lay representative without the claimants there? 

eskbanker

shibumi said:

eskbanker said:

shibumi said:

Thank you I will research further.  I guess I was hoping to be a witness and present my evidence as such that I used for my own case. 

I'd have thought that the two roles are quite distinct, i.e. a representative would do all the talking on behalf of the claimant, whereas a witness would typically be adding credibility by endorsing specific aspects of the claimant's arguments with specialist expertise or simply independence and impartiality?

To what extent is your evidence different from that of the claimant and are they not confident about using the same arguments you relied on?

The evidence will be the same.  We were on the same flights travelling together but under seperate bookings.  The other claimants are my husband and son (both going to find it difficult getting time off work)   I just need to understand whether I can attend court to represent them as a lay person or whether they need to attend ? Either one or both of them ? Many thanks 

The document linked earlier (if relevant) is clear that they still need to attend:

The Lay Representatives (Right of Audience) Order 1999 provides that a lay representative may not exercise any right of audience [...] where his client does not attend the hearing

shibumi

eskbanker said:

shibumi said:

eskbanker said:

shibumi said:

Thank you I will research further.  I guess I was hoping to be a witness and present my evidence as such that I used for my own case. 

I'd have thought that the two roles are quite distinct, i.e. a representative would do all the talking on behalf of the claimant, whereas a witness would typically be adding credibility by endorsing specific aspects of the claimant's arguments with specialist expertise or simply independence and impartiality?

To what extent is your evidence different from that of the claimant and are they not confident about using the same arguments you relied on?

The evidence will be the same.  We were on the same flights travelling together but under seperate bookings.  The other claimants are my husband and son (both going to find it difficult getting time off work)   I just need to understand whether I can attend court to represent them as a lay person or whether they need to attend ? Either one or both of them ? Many thanks 

The document linked earlier (if relevant) is clear that they still need to attend:

The Lay Representatives (Right of Audience) Order 1999 provides that a lay representative may not exercise any right of audience [...] where his client does not attend the hearing

Thank you. Would only one claimant need to be there or both? 

eskbanker

shibumi said:

Thank you. Would only one claimant need to be there or both? 

I'd assume both.

shibumi

Sorry one more question. Am I correct in thinking that both claimants need to attend if I was to attend as witness ? So the case would only be heard if both claimants in attendance? Thanks 

eskbanker

shibumi said:

Sorry one more question. Am I correct in thinking that both claimants need to attend if I was to attend as witness ? So the case would only be heard if both claimants in attendance? Thanks 

I'd say that it's even more likely that claimants should attend in that situation, but as mentioned earlier it's not a process I'm intimately familiar with.  I'd have thought it would have made more sense for the case to be brought only by the lead passenger rather than both on the booking (especially if availability for court attendance was likely to be an issue) but it's perhaps too late to change that now?

shibumi

eskbanker said:

shibumi said:

Sorry one more question. Am I correct in thinking that both claimants need to attend if I was to attend as witness ? So the case would only be heard if both claimants in attendance? Thanks 

I'd say that it's even more likely that claimants should attend in that situation, but as mentioned earlier it's not a process I'm intimately familiar with.  I'd have thought it would have made more sense for the case to be brought only by the lead passenger rather than both on the booking (especially if availability for court attendance was likely to be an issue) but it's perhaps too late to change that now?

Only just sent in the directions questionnaire so no witness statements as yet compiled or sent in. I think maybe I will go along as lay person representative and hope my husband gets time off of work.  Thanks for your patience 

martindow

I believe that small claims are often adjudicated on the paperwork alone without the need for a hearing and appearance in person.  Is it definite that anyone will need to attend?

shibumi

martindow said:

I believe that small claims are often adjudicated on the paperwork alone without the need for a hearing and appearance in person.  Is it definite that anyone will need to attend?

TUI are quite insistent on a hearing rather than paper alone unfortunately. We’ve offered mediation and said yes to paper alone.  I suspect things will go the same way as they did with my case an in person hearing lasting about 2 hours