Taking The Airlines To Court

gnasher73

Apologies if my questions have been asked already. Before submitting a court claim do I need to send a notice before action? Is there a limit in the number of claimants? I am claiming for myself and 5 other family members Being my brother and sisters or would we each need to submit our own claim? Thanks in advance.

Vauban

gnasher73 wrote: »

Apologies if my questions have been asked already. Before submitting a court claim do I need to send a notice before action? Is there a limit in the number of claimants? I am claiming for myself and 5 other family members Being my brother and sisters or would we each need to submit our own claim? Thanks in advance.

Have a read of the first three posts on this thread - it's all there!

socrates1882

Just a quick note to say that court fees changed on the 22nd of April 2014.

The bulk of issue fees remained the same as long as you are claiming under £1500, although there is a pretty hefty rise in fees if you are claiming more than that. There is no longer a directions questionnaire fee for any case at all, but if you need to make an application to court for any reason (amend pleadings, amend title of defendant etc) the fee has gone up from £80 to a whopping £155.

111KAB

socrates1882 wrote: »

..... but if you need to make an application to court for any reason (amend pleadings, amend title of defendant etc) the fee has gone up from £80 to a whopping £155.

Socrates should this apply to the airlines if they request a stay (say due to Dawson/Huzar) ?

legal_magpie

Yes it certainly should but some courts have acted on letters. The almost 100% hike in court fees on applications will be felt across the Court system. It also applies in Family matters and may deter litigants from making perfectly proper applicaions

OldManAhoy

Vauban wrote: »

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.

Possibly one for Vauban or Coby, not sure if the process differs much up here in the civilised lands north of the border but my case is with a Sheriffs court and as the Pursuer I am expected to speak first. I was wondering on the actual sequence ie I speak, their barrister cross examines, their witnesses speak, I cross examine. That sort of thing or am I getting too Rumpole of the Bailey?? Also when I present my case I'll obviously present the facts and the arguments as to why these justify compensation but should I/ can I bring in the defences skeleton argument and productions (written evidence). I think they actually support my case!! Thanks

Vauban

Coby can explain normal process. In my case, the Judge went first, using my particulars document to effectively "sum up" my case. He then invited the defendant's barrister to ask me questions, and then the defendant and I got to examine each witness (in that order). There was no real opportunity for either side to set out our general case (which was in our respective skeleton arguments), especially as we ran out of time after interrogating the witness. The Judge then invited a further written submission.

My sense is that there are a number of ways to cut this cake, and that it is down to the discretion of the judge. Some are quite directive and controlling; others are happier letting both sides set out their stall.

OldManAhoy

Vauban wrote: »

Coby can explain normal process. In my case, the Judge went first, using my particulars document to effectively "sum up" my case. He then invited the defendant's barrister to ask me questions, and then the defendant and I got to examine each witness (in that order). There was no real opportunity for either side to set out our general case (which was in our respective skeleton arguments), especially as we ran out of time after interrogating the witness. The Judge then invited a further written submission.

My sense is that there are a number of ways to cut this cake, and that it is down to the discretion of the judge. Some are quite directive and controlling; others are happier letting both sides set out their stall.

Thanks. Will see what Coby says. Guess I'm a bit controlling and like to get my 'ducks in a line' ahead of the game. Their main argument is the unexpected nature of the fault (this is arguable anyway based on the evidence) and I know this is at the heart of the Huzar appeal but I wondered did you have to counter that argument from Monarch?

legal_magpie

OldManAhoy wrote: »

Guess I'm a bit controlling and like to get my 'ducks in a line' ahead of the game.

Not a good tactic.
The Sheriff will have read the papers and assuming you have put in a skeleton argument (not necessary in small claims cases but useful) he will know what the case is about and what the issues are. As such he will go first, so be guided by what he says
JJ

stevew48

Hi,

Can you claim reasonable expenses i.e travelling and lost day at work, when attending court if you win your case. If so do I need to submit an estimate of such costs in advance of the case and is there a particular form to use.

Thanks

Stevew48