Taking The Airlines To Court

111KAB

stevew48 wrote: »

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

No have an estimate ready in case you are asked. To my knowledge there is no specific form. I was awarded interest at 5% (asked for 8%), travel at 40p/mile, half day of work at £90 (understand this is the norm) and parking costs.

legal_magpie

You can claim travelling and parking expenses and (if an overnight stay is necessary) accommodation expenses. You can claim up to £90 for loss of earnings. This can include loss of a day's holiday if you take a day's holiday. You don't need to submit a claim in advance but it is worthwhile having it written out beforehand at the hearing. Don't forget to add any Court fees.

edtheduck_2

Well after 1 and 3/4 years of the usual Thomas Cook rubbish and fob offs, I have taken the final step and submitted my claim online.
I am in Belfast and know that there hasn't been an awful lot of posts on here about claiming in Northern Ireland, so not sure if much goes on, but it should!
I hope my claim will be successful and I believe we deserve every penny - a 20 hour delay from Belfast to Cyprus that was turned round and went to Manchester and took off next day (short story). Lost a days holiday and also the paid-for nights accommodation, but most annoying is TCs failure to take responsibility.
I had cases lodged with The Consumer Council and CAA, all of which I've referenced in my court claim to show I've done all possible.
I plan to update the forum on my progress in the hope of helping others and giving them the impetus to go for it.

ArianSandra

stevew48 wrote: »

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

I asked if I could claim costs of attendance and the DJ said 'Don't ask, don't get.' So I asked. I had a list of costs ready, including the interest at 8%, mileage per Inland Revenue, loss of annual leave and copying/postage (the last not allowed by the DJ.) He totted it all up (got it wrong the first time but was happy to be corrected) and added it to the amount on the original POC.

stevew48

Hi all,

My case is to be heard on Wed 4th June in Liverpool. The following is an extract of General form of Judgement or order:

'The court having considered the file AND having regard to :

(a) The particulars of 'extraordinary circumstances 'pleaded in the defence.
b) The judgement of HHJ Platts in the appeal of Huzar vJet2.com (heard on 15/10/13)

IT IS ORDERED THAT
1. The Defendent shall file an amended defence substituting engines for engineers in para 12(b) of the defence
2.List is CMC on 4th June estimated length 1 hr for Defendent to show why such an Amended Defence should not be struck out pusuant to CPR Part3.4(2)(a). The hearing may be conducted by telephone conference
3. Any skeleton arguements shall be exchanged between parties and filed with the court no later than 3 days before the date set for the hearing.

I spoke to the court today to see if easyjet had requested a further stay based on the Huzar appeal but I was informed that my case is still listed and I should send my skeleton arguement today.

I have written my skeleton arguement with great help from the eminent Vauban (many thanks ) and in it I have made reference to documents that will be in my court bundle. However, there has been no mention on any court documents to send a court bundle or witness statements.

Is it best to send all referenced documents with my skeleton or is it okay to leave Wallentin, Sturgeon, Nelson out and put them in my bundle for the court day ?

Many thanks

Stevew48

legal_magpie

The hearing on 4th June is NOT the trial but a preliminary hearing (CMC) which is unusual in small claims cases, so it is not necessary to send a bundle at this stage.
It sounds as if the application will be before a Judge who is bang up to date with airline cases but I am a little puzzled as to the reference to the Huzar case in view of the awaited Judgment of the Court of Appeal.

stevew48

legal_magpie wrote: »

The hearing on 4th June is NOT the trial but a preliminary hearing (CMC) which is unusual in small claims cases, so it is not necessary to send a bundle at this stage.
It sounds as if the application will be before a Judge who is bang up to date with airline cases but I am a little puzzled as to the reference to the Huzar case in view of the awaited Judgment of the Court of Appeal.

Thanks Legal magpie - District Judge Woodburn raised the order. I must say I thought that it may be stayed till after the jugement in the Huzar appeal. However, having read the defence there are a number of inaccuracies in fact I believe the 'extraordinary circumstance' they refer to happened on a flight in another country the day before and not on the plane scheduled for my flight.

stevew48

legal_magpie

DJ Woodburn is the one who is handling most of these cases and is very well informed about this area of law

stevemej123

We have an ongoing claim against jet2 which is 2 years old in july so I am proceeding with an nba and proceedings before the 2 year anniversary (bearing in mind the dawson case). Here is the body of my nba:


I am aware that judgement has been handed down in the current ECJ case (C-629/10) on October 23rd 2012, and I wish to proceed with my claim.

We were informed that the flight was delayed due to 'technical difficulties with the aircraft.' Firstly I am not satisfied that you have proved that the delay was caused by a technical fault. Additionally, technical problems have been ruled by the ECJ to be unlikely to be held as a valid defence of extraordinary circumstances to a compensation claim.

Should you neither settle my claim in full nor provide a full defence PROVING the delay was caused by extraordinary circumstances within 14 days of the date of this letter
then I reserve the right to issue legal proceedings without giving you further notice in writing.

Does it seem ok? any input is appreciated.

David_e

stevemej123 wrote: »

We have an ongoing claim against jet2 which is 2 years old in july so I am proceeding with an nba and proceedings before the 2 year anniversary (bearing in mind the dawson case). Here is the body of my nba:


I am aware that judgement has been handed down in the current ECJ case (C-629/10) on October 23rd 2012, and I wish to proceed with my claim.

We were informed that the flight was delayed due to 'technical difficulties with the aircraft.' Firstly I am not satisfied that you have proved that the delay was caused by a technical fault. Additionally, technical problems have been ruled by the ECJ to be unlikely to be held as a valid defence of extraordinary circumstances to a compensation claim.

Should you neither settle my claim in full nor provide a full defence PROVING the delay was caused by extraordinary circumstances within 14 days of the date of this letter
then I reserve the right to issue legal proceedings without giving you further notice in writing.

Does it seem ok? any input is appreciated.

If it's an "ongoing claim" that you have been corresponding about, I wouldn't bother with any preamble - just acknowledge previous exchanges. I also wouldn't give them the option of providing (what they believe to be) a satisfactory defence. Apart from anything else, if they haven't done already, they aren't going to do so in the next 14 days.

A trivial point but (to me) referring to the 2012 case as "current" makes it look like you have cut and pasted. As I said, I wouldn't use the NBA as an opportunity to repeat what you have presumably said already.

The key thing (I understand) is that you are giving them an opportunity to settle prior to starting legal proceedings.