Taking The Airlines To Court

David_e

andyfer wrote: »

He mentioned Mcphails, which is some sort of legal guide for the Judiciary.

Expensive book by the looks!

http://www.amazon.co.uk/gp/offer-listing/0414016092/ref=dp_olp_new?ie=UTF8&condition=new

Maybe your local library has a copy?

imnothere

111KAB wrote: »

Depends if you are talking about claiming from the airline or submitting a court claim. Also depends upon whether you were provided with all matters relevant under Article 9 (right to care).

Our flight was delayed for 18 hours, and we were rerouted and were given food and accommodation. However because of these delays, it impacted our prebooked travel with other airlines and accommodation. This cannot be claimed back with my travel insurance, so I would like to claim these back and maybe some additional compensation on top for everything we had to go through.

Vauban

imnothere wrote: »

Our flight was delayed for 18 hours, and we were rerouted and were given food and accommodation. However because of these delays, it impacted our prebooked travel with other airlines and accommodation. This cannot be claimed back with my travel insurance, so I would like to claim these back and maybe some additional compensation on top for everything we had to go through.

Yes, and I would like world peace, and beer. (Not necessarily in that order.)

The schedule of compensation under 261/04 is limited and clear. Losses such as unused accommodation or missed flights should really be part of any decent travel insurance policy.

astravanman

Thanks for the tips & advice - JOB DONE.
Well that was a very easy & straightforward experience with my delay claim against cathay pacific. Done & dusted within 3 weeks. To give credit to them they dealt with it in a professional & courteous manner without giving us the run-around or trying to hide behind "extraordinary circumstances".

Our party of 3 were delayed from Heathrow to Hong Kong back in Dec 2007, so we had to act fast as the 6 year limitation was almost up.

I sent a NBA giving 14 days or I start court action; Didn't receive a reply.

I followed up with a final notice giving them 7 days and if payment or proposal for settlement was not received by 4pm the following Monday, court proceedings will commence.

I was expecting them to call my bluff so got to work on preparing the Particulars of Claim in advance of the final 7 day deadline.

Post arrived that following Monday with an offer enclosing a Release & Discharge Agreement to sign.

As part of the agreement I can't discuss its contents, needless to say I'm one very happy bunny.

Really can't believe how easy it was, especially reading many posts where the airlines are putting up a big fight. As ours was so close to being statute barred I did expect Cathay to try & stall for time, although I think they knew I meant business and would have commenced court action in time to stop it becoming statute barred. Still, hats off to them for holding their hands up and getting it sorted within just 3 weeks. They said payment could take up to 4 weeks but that was received into my bank after 1 week.:j

steve1500

Had a reply from the court which states.

"District Judge B has considered the statements of case and questionaires filed and allocated the claim to the small claims track"

"Your hearing will will take place on ........... etc"

"You will deliver to the court and every other party copies of all documents you are relying on

As I still do not know what the EC's are that TC are relying on. Do I need to take a shotgun approach and cover every scenario I can think of i.e. Knock on delay. Pilot stuck in traffic jam, toilet blocked, vehicle carrying suitcases to plane, drove in to plane etc

Also, on my original claim through MCOL I asked for 1200 euros for myself, wife & daughter. I have asked about this before on the board

I am now slightly bemused, if the District Judge has read the statements is he / she allowing the 1200 euros to go through?

Thanks

razorsedge

I am putting together my court bundle at the moment and was wondering on a few points about how it should be presented.
I am planning to use an A4 ring binder with numbered index dividers. I have generally referred in my statement to the items I am relying on as ‘Document 6’, ‘Document 7’, etc. with the occasional use of ‘Document 13A’, ‘Document 13B’ etc. Each divided section will have in general one document corresponding to the number of the divider.

Questions:
1. Does each document need the document number writing on each page or will having the document number at the top of the first page only by sufficient? I was not intending to staple the individual pages of each document together so as to make them easier to read without having to remove them from the ring binder.
2. Many of the documents I am using already have page numbers printed on them that are relative to that document only. Does each page of each document need a unique page number, consecutively numbered throughout the entire bundle from start to finish?
3. The un-editable nature of many of these documents (at least with the software I possess) means that unique page numbers and document numbers would likely have to be added by hand. I have relatively neat handwriting but would it be better not to bother and rely on the index dividers to act as document identifiers?

[FONT=&quot]Many thanks in advance for any thoughts.[/FONT]

Justnan

razorsedge wrote: »

I am putting together my court bundle at the moment and was wondering on a few points about how it should be presented.
I am planning to use an A4 ring binder with numbered index dividers. I have generally referred in my statement to the items I am relying on as ‘Document 6’, ‘Document 7’, etc. with the occasional use of ‘Document 13A’, ‘Document 13B’ etc. Each divided section will have in general one document corresponding to the number of the divider.

Questions:
1. Does each document need the document number writing on each page or will having the document number at the top of the first page only by sufficient? I was not intending to staple the individual pages of each document together so as to make them easier to read without having to remove them from the ring binder.
2. Many of the documents I am using already have page numbers printed on them that are relative to that document only. Does each page of each document need a unique page number, consecutively numbered throughout the entire bundle from start to finish?
3. The un-editable nature of many of these documents (at least with the software I possess) means that unique page numbers and document numbers would likely have to be added by hand. I have relatively neat handwriting but would it be better not to bother and rely on the index dividers to act as document identifiers?

[FONT=&quot]Many thanks in advance for any thoughts.[/FONT]

If your bundle has numerous documents, I am aware that the Court are keen to have each individual document numbered, usually bottom right hand corner. This ensures easy reference, for the Judge (and defendant) whilst you are presenting your case. This is acceptable to add by hand. (ensuring all bundles are identical)

legal_magpie

It is useful to have an index at the front showing each document and the page numbers and to number each page at the bottom. If I were able to post attachments I could post a specimen but I can't, sorry.

JPears

Bumped to keep it above flotsam and clutter...

steve1500

Received the request from Travlaw to delay our hearing, which I have politely declined.

Do I need to tell the court straight away?

Ta