Taking The Airlines To Court

Sinhanada

With you being the lead passenger you are indeed able to put the claim on their behalf. You will need written representation from them which is dated and signed giving you the right to act on their behalf.

RedSky1974

Sinhanada wrote: »

With you being the lead passenger you are indeed able to put the claim on their behalf. You will need written representation from them which is dated and signed giving you the right to act on their behalf.

Thanks Sinhanada

The trouble is I initiated the claim under my father's name - he is not the lead passenger, however he and my mother paid for the tickets. In hindsight I should have opened it in my name!

Can I get written representation from the 4 of us, signed and dated, stating that my father (the claimant) can act on our behalf?

Thanks for your help




edit: I've spoken to a friend who is a trainee solicitor. He has advised the following:

1. A claimant needs to be identified in the claim form/statement of case as a claimant. Not merely on the basis of being a party to the litigation

2. A statement of truth needs to be signed.
Normally this is done by the claimant or the claimants representative I.e a solicitor. I'm not familiar with another lay person signing on another's behalf.

My advice:(options)

1. You can consider issuing a fresh claim form with the remaining names not listed and ask the court to consolidate the proceedings

2. Write to virgin and mutually agree to amend the parties to the litigation. Advise it will fairly and quickly dispose of proceedings without recourse to a further application

3 if you can't get agreement, the only way you can add parties after you've served your claim is with permission of the court under CPR 19.

4. Continue with what your doing and bring the argument of a 'same interest claim' . Case law establishes that you need I show a common interest, a common grievance and a remedy beneficial for all.


Again, I would make reference to the overriding objective, that it will save costs and deal with matters expeditiously.

Personally, it would have been easier to have everyone named as a claimant but hindsight is lovely.

I don't have direct hand experience of what a judge would say but the above are your options (theoretically)

David_e

Sinhanada wrote: »

With you being the lead passenger you are indeed able to put the claim on their behalf.

I don't claim to be an expert but I think this may be something of a simplification. I would assume that the concept of "lead passenger" is a contractual device for the convenience (primarily) of the airline. Whether it transfers all contractual rights (or rights to act) to the person nominated as "lead passenger", I don't know.

In any event, flight delay claims are, of course, not made under (UK) contract law but as a consequnce of rights given to individual passengers by European law.

I haven't read every single thread on here but I haven't seen anyone claiming that a "Lead passenger" has been able to progress a claim unchallenged. I have seen posts about "locus standii" and the issues around adding passengers not originally named on a claim.

If time limits are not a concern, this may be a moot point as a successful claim should result in all of a group travelling together being compensated one way or another.

If I am wrong, which I am could well be, it would be extremely helpful if you could substantiate your view with some authorities. This is a recurring issue and if there is an easy-ish solution, it would definitely be of interest, to me to name but one!

Oak1_2

Folks,

I just spoke to a very helpful chap at the Money Claims Centre as I am looking to initiate court proceedings against Virgin Atlantic on behalf of myself, my wife, and 2 young children and he advised the following:

- I cannot claim for all using MCOL (online), must use N1 form and send by post
- Can include wife and 2 children as claimants on one single N1 claim form
- Need to sum the total claims sought (eg 4 people * 600 Euros) and pay one single fee for the total amount
- Should convert Euros amount into Sterling and stating the date of the conversion rate you are using (presumably the one that suits you best out of either today or the date of your delay ?)
- Include a covering letter saying the claim is for 4 claimants, 2 of whom are children

Nothing further necessary at this stage

David_e

Oak1 wrote: »

Folks,

I just spoke to a very helpful chap at the Money Claims Centre as I am looking to initiate court proceedings against Virgin Atlantic on behalf of myself, my wife, and 2 young children and he advised the following:

- I cannot claim for all using MCOL (online), must use N1 form and send by post
- Can include wife and 2 children as claimants on one single N1 claim form
- Need to sum the total claims sought (eg 4 people * 600 Euros) and pay one single fee for the total amount
- Should convert Euros amount into Sterling and stating the date of the conversion rate you are using (presumably the one that suits you best out of either today or the date of your delay ?)
- Include a covering letter saying the claim is for 4 claimants, 2 of whom are children

Nothing further necessary at this stage

My thoughts:

(1) Why do you need a covering letter? Who is the letter addressed to and what does it say that isn't on the forms? The N1 has full details of the claim and all claimants. I just used the forms and the claim has been taken as validly made.

(2) You need a form N235 for each of the children (not sure if the cut-off is 16 or 18 but you said "young" so I assume yours are under 16).

(3) There are various schools of thought on the exchange rate to use. I would definitely favour using the current rate if that gives a more favourable Sterling amount.

(4) I would claim interest (using the suggested wording).


You'll find various posts on (3) and (4) if you search the forums.

astravanman

Regarding more than one claimants, I want to claim on behalf of myself, brother & nephew (all adults). Do all the claimants need to live in the UK as my brother & nephew now live in Australia and will be impossible for them to appear in court should it get that far? Will I be able to represent everyone myself?

Also, in the claimants section of the N1 form, do I have to put the overseas address of my brother & nephew as I was thinking of listing the names and just my address as I will be the one bringing the claim on behalf of our party. Was thinking of writing:

• Mr My Name (1st Claimant and representative of):
• Mr Brothers Name (2nd Claimant)
• Mr Nephews Name (3rd Claimant)

• My address & postcode

David_e

astravanman wrote: »

Regarding more than one claimants, I want to claim on behalf of myself, brother & nephew (all adults). Do all the claimants need to live in the UK as my brother & nephew now live in Australia

I don't think there is any bar on people living overseas making a claim. I'm sure I have seen postings about that.

astravanman wrote: »

Also, in the claimants section of the N1 form, do I have to put the overseas address of my brother & nephew as I was thinking of listing the names and just my address as I will be the one bringing the claim on behalf of our party.

I would think it would have to be their address. The wider question of making claims "on behalf of" others has been discussed on the forum. I believe that the strict position is that each individual has to make the claim (ie fill in their own copy of the form N1). Assuming the airline defends, each individual would then have to complete an allocation questionnaire.

astravanman wrote: »

will be impossible for them to appear in court should it get that far?

This I am unsure about. It's actually relevant to my case as my party are in various parts of this country. I would have thought that you ought to be able to represent a group (in mediation or in court) but I have no idea what authority you need to do so. Hopefully someone may be able to advise.

andyfer

Just back from a largely unsatisfactory small claims court experience in Scotland
After having to sit through about an hour and a half of rent arrears cases our case was finally called.
A solicitor representing Thomas Cook requested more time to continue their investigation into the problem with our flight. (we have a letter from TC dated Feb 13 which stated that they had already carried out a full investigation into the specific circumstances of our delay and concluded that the problem was of a technical nature - Extraordinary circumstances etc..)
They have been given another 3 weeks to finalise their investigation before the next court date.

Rather more worryingly the sheriff questioned the fact that my wife was claiming on behalf of the whole party of 4 who travelled (this was because the holiday booking was in her name). She mentioned that one of them was our 10 year old son and another her 70 year old mother, but we are in a state of limbo on this issue as he did not give any clear advice about how to resolve this.
It is surely not necessary to submit 4 individual claims.
I have been reading some of the posts above and there doesn't seem to be a definitive answer on how we should proceed.
I called the admin at the court and they were unable to offer legal advice. It may be a different Sheriff at the next hearing but has anyone managed to successfully claim individually on behalf of a group?

Oak1_2

Thanks for the clarification David_e. Was just passing info on as it was told to me.

David_e

Oak1 wrote: »

Thanks for the clarification David_e. Was just passing info on as it was told to me.

No problem. I was just noting that Money Claims Centre had missed giving you some potentially necessary and/or useful information.