Taking The Airlines To Court

stevemej123

David_e wrote: »

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.

so just

"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."

would do then? Does this meet the requirements of the nba.

purple_icecream

Sorry if this is a dumb question but I have just spent 2 hours reading "A handbook for Litigants in Person" which has got me confused as to what I should be sending to the court and defendant at this stage- "Each party must deliver to the other party and to the court office copies of all documents which that party intends to rely at the hearing no later than 14 days before the hearing". Is it the whole court bundle (witness statement, claim letter, TC replies to my letters, TC defence, all the Huzar/Wallentin cases, booking confirmation, amount claimed etc) or is it just the Huzar/Wallentin cases that I am relying on that I send?

Last year I sent the court and Virgin the whole court bundle, but it was settled early by mediation so I dont know if I did the right thing or not.

Thank you in advance

I have just read this again before posting and I think its the whole bundle, but would really appreciate confirmation from some of the more learned experts on here! (Hi Vauban )

111KAB

purple_icecream wrote: »

Sorry if this is a dumb question but I have just spent 2 hours reading "A handbook for Litigants in Person" which has got me confused as to what I should be sending to the court and defendant at this stage- "Each party must deliver to the other party and to the court office copies of all documents which that party intends to rely at the hearing no later than 14 days before the hearing". Is it the whole court bundle (witness statement, claim letter, TC replies to my letters, TC defence, all the Huzar/Wallentin cases, booking confirmation, amount claimed etc) or is it just the Huzar/Wallentin cases that I am relying on that I send?

Last year I sent the court and Virgin the whole court bundle, but it was settled early by mediation so I dont know if I did the right thing or not.

Thank you in advance

I have just read this again before posting and I think its the whole bundle, but would really appreciate confirmation from some of the more learned experts on here! (Hi Vauban )

Vauban probably still in bed at this time - yes the full forest - everything you mention. You might want to hold back anything which you feel really puts a nail in their coffin for the last minute/skeleton as having gone that far the matter may well end up in court. If it does rather than have a 'mediation amount' you may as well get the full payment of claim+interest+court fees+time+travelling and the skeleton may well prove important in obtaining this.

Vauban

Cheeky devil! I was up at six - as per usual.

One nuance to 111KAB's excellent advice: it's the Order from the Court that tells you what to submit and when. As you say, it's usually the full bundle 14 days before the hearing (to the court and the other side) but occasionally a judge might take a different tack. (Mine ordered submission of documents some six weeks before the hearing, which Monarch predictably failed to do!)

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.

Having never attended a CMC what is the general format. I know that the Defendent has to show why the defence should not be struck out pursuant to CPR Part 3.4 (2). However, if they can show this then will I be given the opportunity to say why I think it should be struck out. My reason is that the circumstances they rely on in their defence do not appear to tally with the evidence I have collated.

stevew 48

legal_magpie

The Order you previously mentioned seemed a bit odd (giving them pernmission to file an amended defence and then to show cause why it shouldn't be struck out).
Don't worry about the procedure. As a litigant in person you aren't expected to know all the rules. The Judge will take the lead and keep you right. Just go along and see what happens. If the defence is allowed to stand, the case will probably be listed for a full hearing.
JJ

socrates1882

legal_magpie wrote: »

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

Sadly DJ Woodburn has returned to sit down south.

Tjere are 3 new DJ's hearing these cases at Liverpool now - Henthorn, Jenkinson and an as yet unnamed third DJ.

purple_icecream

111KAB wrote: »

Vauban probably still in bed at this time - yes the full forest - everything you mention. You might want to hold back anything which you feel really puts a nail in their coffin for the last minute/skeleton as having gone that far the matter may well end up in court. If it does rather than have a 'mediation amount' you may as well get the full payment of claim+interest+court fees+time+travelling and the skeleton may well prove important in obtaining this.

I don't really understand this 'skeleton arguement" why is it a separate thing to the main witness statement/arguement, please can you expand? Thanks

Vauban wrote: »

Cheeky devil! I was up at six - as per usual.

One nuance to 111KAB's excellent advice: it's the Order from the Court that tells you what to submit and when. As you say, it's usually the full bundle 14 days before the hearing (to the court and the other side) but occasionally a judge might take a different tack. (Mine ordered submission of documents some six weeks before the hearing, which Monarch predictably failed to do!)

Vauban - hi It only said this on the order "Each party must deliver to the other party and to the court office copies of all documents which that party intends to rely at the hearing no later than 14 days before the hearing" not really very specific.

My Virgin claim from last year was really odd, I had no court day set at all, and they wanted all my bundle in and exchanged by Dec 30th, which I did. I had no receipt or correspondence back from either the court or Virgin. I had a mediation call booked in January so I just sat and waited for that to come around.

If Monarch failed to get theirs in then should you not of got a default judgment?

111KAB

Skeleton - many judges do not have time to read through your entire bundle prior to the hearing so a skeleton picks out the bones of your argument and is presented to the judge prior to your entering the court room.


14 days before hearing - as it says really your bundle must be submitted to the airline and court 14 days prior to your hearing date. You will be given a court date, subtract 2 weeks and make sure everything is distributed by then.


No as with me judges often given both the claimant and defendant some leeway at their discretion.

legal_magpie

111KAB wrote: »

Skeleton - a skeleton picks out the bones of your argument .

And you hope you have a humerus judge rather than a sternum one:rotfl: