Taking The Airlines To Court

CobyBenson

shambellio wrote: »

Hi can I ask for help please? I really want to take Thomson to court after an 8 hour flight delay in January this year from Mexico. The CAA has advised they have requested Thomson look at my case again and that new guidance will be available on the EC website they wrote "The Civil Aviation Authority has been working with other National Enforcement Bodies across Europe to understand what ‘extraordinary circumstances’ are in relation to flight disruptions in light of the Regulation and European case law. The results of that work will be published on the European Commission website shortly" and that's all they could do! I live in Scotland and want to take this company to court, just not sure whether I have to proceed in Scotland, in my town or the company headquarters' town? any advice would be greatly appreciated thank you

I got the same email from the CAA, I'm struggling to see how they've helped at all.

As your flight arrived in Gatwick you should start Court Proceedings in an English Court.

If you're just making a claim for 1 passenger then you can use MCOL.

gallaghb

Submitted my claim on mcol, and they have until Sunday to respond. Nothing yet, when do I request judgement if they do not respond. Monday? Is that it case closed if they do not defend the claim or is there still a way they can wriggle out of it?

111KAB

gallaghb wrote: »

Submitted my claim on mcol, and they have until Sunday to respond. Nothing yet, when do I request judgement if they do not respond. Monday? Is that it case closed if they do not defend the claim or is there still a way they can wriggle out of it?

Wait until mid week then make contact with MCOL. It could be that they have not had time to list. No not closed if not listed and not wriggling out of it - could be just an administration matter. Don't count your chickens to early in the procedure.

bazaar_2

gallaghb wrote: »

Submitted my claim on mcol, and they have until Sunday to respond. Nothing yet, when do I request judgement if they do not respond. Monday? Is that it case closed if they do not defend the claim or is there still a way they can wriggle out of it?

theyll defend, also the court will allow a couple of days late, ( frustrating but true).
Once youve got the defence, then you pick it apart.

gallaghb

Ok it is United Airlines by the way, I can't see many examples of them being taken to court. So unsure what their usual tactic is! Only 1 example which was through Scottish court, and that was settled out of court.

friendofbillw2

gallaghb wrote: »

Ok it is United Airlines by the way, I can't see many examples of them being taken to court. So unsure what their usual tactic is! Only 1 example which was through Scottish court, and that was settled out of court.

I'd see that as a positive. If you have a legitimate claim, they have a 100% record of paying up before court!

jimcbob

David_e wrote: »

rajivsingh100 raised that point yesterday and I gave my thoughts here:

Not sure if there is a strictly right answer but you may as well claim in a way which benefits you. You can guarantee the airline will seek to adopt the approach that favours them.

The appropriate thing to do is to claim the amount in Euros (being the currency in which you are entitled to payment under the Regulation) and then to calculate the equivalent in sterling as of the date of claim (see Practice Direction 16, para 9.1.)

Technically, the judgment should then in the form "It is ordered that the defendant pay the claim EUR[xxx] or the Sterling equivalent at the time of payment" (see Practice Director 40 para. 10) although it is more usual, in practice, just to convert the EUR figure to Sterling at the date of judgment. This is obviously right, as your entitlement is to a payment in Euros under the Regulation, and you should not take the currency risk due to the airline's failure to pay.

As to interest, the rate of 8% is the prescribed rate under the Judgments Act 1838, which applies AFTER judgment. Most people claim 8% for pre-judgment interest in their claim form because it is the highest rate that will automatically be awarded if default judgment is granted (CPR r. 12.6(1)(b)). However, the rate of pre-judgment interest is discretionary: it is intended to reflect the rate at which a person with the general characteristics of the claimant (e.g. an individual consumer, in these cases) could have borrowed that sum of money during the period in which they have been wrongly kept out of it. It can therefore be helpful to include in your evidence for a court hearing your bank's authorised overdraft rate for the relevant period, as it gives an indication of borrowing costs. 5% sounds about right on that basis.

gallaghb

Well United have now acknowledged the claim which gives them a further 14 days from today to give a defence. Can't wait to see it!

Vauban

I imagine it will be pretty poor - technical fault as extraordinary circumstances, presumably.

But if I were a betting man, I reckon you'll get a call next week offering to settle.

David_e

jimcbob wrote: »

This is obviously right, as your entitlement is to a payment in Euros under the Regulation, and you should not take the currency risk due to the airline's failure to pay.

Useful references, thanks. I've thought all the way along that it was wrong (at least morally) for the airlines to be able to effectively pay out less by using historic exchange rates.