Taking The Airlines To Court

Mark2spark

I replied and didn't spot there was a 'next page' of replies :undecided

Mark2spark

Bumping this

OldManAhoy

Vauban wrote: »

I hope you may have seen my write up of victory in court against Monarch Airlines this week (http://forums.moneysavingexpert.com/showpost.php?p=64739956&postcount=426).

I thought it might be of some interest if I posted up the full skeleton arguments that Monarch deployed during the first two hearings. I say arguments in the plural because Monarch in fact amended their second skeleton argument to take account of Huzar in an effort to persuade the Judge that HHJ Platts got it wrong ...

You can find links to both documents below:

Monarch’s Skeleton Argument, 27 Sept 2013: https://www.dropbox.com/s/j7skl0zr1qxmwg4/Defendant's Skeleton Argument Longden v Monarch 3QT19970 27 Sept 2013.pdf

Monarch’s Skeleton Argument, 16 Dec 2013: https://www.dropbox.com/s/ks7njdwdxx9do94/Defendant's Skeleton Argument Longden v Monarch 3QT19970 16 Dec 2013.pdf

In many respects, my case was pretty bog standard: a technical defect affecting the plane on a previous flight. So I imagine that Monarch will seek to deploy similar arguments for other such cases. It might be quite fun to do a proper dissection of these arguments, if anyone is up for that?

One final point: the skeleton arguments were by far the most compelling and impressive documents I ever received from Monarch. I assume this is because they were not written by Monarch themselves but by the barristers’ chambers that the airline employed to fight my case. I doff my proverbial (and nice) hat to the barrister concerned, who was very impressive in court, utterly engaging out of it, and very professional throughout.

Hi
Just wondered did you ever post the judgement on line?
thnks

Vauban

OldManAhoy wrote: »

Hi
Just wondered did you ever post the judgement on line?
thnks

Not yet - it has taken a month for the court to release the tape to the transcribers. But they've got it now. It will take a few more weeks yet, I suspect, as the judgement then needs to be proof-read by the court. I will post it up though when I get it.

OldManAhoy

Vauban wrote: »

Not yet - it has taken a month for the court to release the tape to the transcribers. But they've got it now. It will take a few more weeks yet, I suspect, as the judgement then needs to be proof-read by the court. I will post it up though when I get it.

Thanks

By the way was very impressed with your arguments re your Monarch Air court case. How come it went ahead? My case has been stayed pending Huzar appeal outcome. Or is this just a judge by judge, case by case decision? Curious if Monarch ever raised it and requested a postponment?

Vauban

They tried - but the judge wasn't much interested (as it had already been part-heard). The judge indicated he'd be happy to consider a stay at the hearing, but Monarch still had to bring their witnesses. Given this, Monarch decided not to push for the stay.

legal_magpie

Sorry to be dim but why is the judgment having to be transcribed? Did the Judge reserve judgement (i.e. you don't know the outcome of the case yet) or are Monarch considering an appeal.

111KAB

legal_magpie wrote: »

Sorry to be dim but why is the judgment having to be transcribed? Did the Judge reserve judgement (i.e. you don't know the outcome of the case yet) or are Monarch considering an appeal.

I understand Prof Vauban wants to frame and place on his toilet wall.

Vauban

111KAB wrote: »

I understand Prof Vauban wants to frame and place on his toilet wall.

He's right. The judge was so very dismissive of the airline's antics I thought I'd get a transcript as a "souvenir programme" of my travails. On a scale of 1 to 10, how sad does that make me sound? (Actually, don't answer that ...)

Former_MSE_Darryl

Journalist seeking case study:

Have you successfully taken an airline to the small claims court? Would you be willing to discuss your story and have a pic taken to appear in a national this weekend? Any help much-appreciated.

You'd need to be available to have a quick chat this week (Weds/Thurs) and have a pic taken by Saturday. If interested, please email harriet.meyer@gmail.com.