Thomson Claim 2 years limit to claim

phritchie

I've got a telephone hearing tomorrow morning about my case which was stayed until the Dawson judgment was out. I fully expect Thomson will apply for another stay, and probably get it - I'm not going to make it easy for them though. If they are going to apply to the supreme court then they have 28 days to do it, which is Wednesday by my maths (the day the judgment came out counts as day 1). So if they ask for a stay I'll push for details on the basis for it. Surely the day before they need to apply they must have some idea. The rules state they need an arguable point of law, I'll be interested to see what they've come up with!

phritchie

Well we had our link call this morning with the District Judge and Tony Moran on behalf of Thomson. Inevitably the case was stayed, pending the outcome of Dawson at the Supreme Court. The judge had obviously been keeping up to date with the situation, and talked us through what would happen next - nothing too unexpected.

Thomson confirmed they filled an application to appeal to the SC yesterday. The judge ordered them to inform the court of what happens to their appeal within 14 days of the outcome (permission to appeal denied, or the case is heard and won/lost).

For us, he advised we don't need to do anything for now. Once there is an outcome from the SC appeal, and if it goes our way, he advised to write direct to Thomson and invite them to settle out of court, rather than coming back for another hearing.

My wife asked about interest, the judge reconised that with base rates very low it was likely to be in teh 2-4% region we were awarded, rather than the full 8%. I'll ask Thomson for the full 8%, and accept a bit less, but if they aren't going to add interest it will need to go back to court. Similarly for the costs we've incured, I'll try to wring them for what we can - nothing more than we could get from the court process however.

I'll post this up in the Thomson thread too.

A_Flock_Of_Sheep

Hi!

Does anyone know - have Thomson actually now submitted the appeal to the Supreme Court?

111KAB

A_Flock_Of_Sheep wrote: »

Hi!

Does anyone know - have Thomson actually now submitted the appeal to the Supreme Court?

Yes they have ~ 28th day!

phritchie

phritchie wrote: »

Thomson confirmed they filled an application to appeal to the SC yesterday.

It was the 26th day by my maths...

I take it it is now certain we won't hear anything until after the summer break for the Supreme Court?

cliffox

I am hoping that the appeal will be rejected, as I'm sure we all are but wondered whether anyone had any idea of when this is likely to happen or right to appeal is granted...
Any thoughts?

111KAB

cliffox wrote: »

I am hoping that the appeal will be rejected, as I'm sure we all are but wondered whether anyone had any idea of when this is likely to happen or right to appeal is granted...
Any thoughts?

Consideration to allow appeal is October/November this year, if leave is granted likely to be heard summer 2015 with a possible result late 2015.

slider09

111KAB wrote: »

Consideration to allow appeal is October/November this year, if leave is granted likely to be heard summer 2015 with a possible result late 2015.

Really so long? If Thomson lost again, would there be grounds for Thomson to pay lost interest?

I.e. I have been writing to Thomson for the past 4-5 months regarding compensation from 2010. The last letter received today stated they are waiting for the Supreme Courts decision. If they then lost, would Thomson be liable for lost interest given the long time frame since the initial claim was made?

David_e

slider09 wrote: »

If they then lost, would Thomson be liable for lost interest given the long time frame since the initial claim was made?

As I understand it, any interest is at the sole discretion of the judge. I'm not sure whether there are any special rules for delays due to the legal process. I suspect not, as annoying as that would be.

legal_magpie

Yes, you would get interest as you have been kept out of your money for so long, so long as you have claimed interest that continues until payment of judgment. You have a right to interest. The rate is a little more tricky. If you claim 8% p.a. you are likely to get it.