Taking The Airlines To Court

stevew48

I have just spoken to the court and the CMC has been 'vacated' and stayed till further notice awaiting the outcome of the Huzar appeal.

What happens if the judgement by HHJ Platts is overturned ?

Stevew48

legal_magpie

stevew48 wrote: »

What happens if the judgement by HHJ Platts is overturned ?
Stevew48

impossible to say without seeing the judgment. Just be patient!
JJ

purple_icecream

32Nirvana wrote: »

I have a court hearing date in a couple of months but the Liverpool Judge has suggested the case is suitable for mediation, can anything be implied from this, will Virgin want to resolve the dispute this way or will they just wait for the court date?

I have some experience with this.
Both I and Virgin agreed to mediation on the directions questionaires. I contacted the mediators and they called me back with a few dates that Virgin could do, I selected one that I could do too. It was quite in advance, roughly 4-6 weeks if I recall. In the meantime my court bundle was due in, even though a court hearing had not been set. Bit annoying I did all the bundle work for nothing, as a couple of weeks later was my mediation call.
The mediation went really well, the lady who had arranged the date and time of the call had put my mind at ease so I knew what to expect. The mediator was a lovely man, I got on really well, he was nice and chatty not straight to the point so I could ask him advice, even though he couldn't take sides he still gave me pointers, like 'what if...' etc. I got all the money I was claiming for including costs, but I decided not to go for the interest.

Just because the Liverpool judge suggests mediation does not mean Virgin will agree to it. I had the same thing just a few weeks ago with Thomas Cook on another claim. TC won't agree to mediation.
Contact Virgin and see what they say.

purple_icecream

David_e wrote: »

That was what I had gleaned. I haven't read a posting from someone who has actually been to mediation for ages.

Hi

http://forums.moneysavingexpert.com/showpost.php?p=64475599&postcount=1318

purple_icecream

stevew48 wrote: »

I have just spoken to the court and the CMC has been 'vacated' and stayed till further notice awaiting the outcome of the Huzar appeal.

What happens if the judgement by HHJ Platts is overturned ?

Stevew48

Looks like mine is going that way too
Today I had this email:

Mrs X,

I confirm receipt of your email. (I emailed to ask for an out of court settlement)

My instructions are to continue to defend the claim you have brought against Thomas Cook Airlines Limited.

As you may be aware the Case of Huzar v Jet2 was heard in the Court of Appeal on 21st May 2014 and relates to the same issues that are raised within your Claim. The Lord Justices have reserved Judgment, and we anticipate that the Judgment will be delivered in the next month.

We therefore require your confirmation as to whether you will consent to a stay of 1 month, as we are of the opinion that Judgment by the Court of Appeal may assist in cases that relate specifically to Article 5(3) ‘extraordinary circumstances’ of EC 261/2004 Regulations.

Please revert back to me by x as if you are not in agreement, I will have to proceed to make an application to the Court, requesting that they grant a stay.

Kind regards,

Litigation Executive, Thomas Cook

If I don't consent will the court still agree their request? or does my decision count too?
Surely they only want to wait for the out come if it will be in their favour, but it could go either way? or not???

Advice would be greatly appreciated, thank you

Vauban

My thoughts:

a) never chase the airlines to settle: you look desperate to avoid court, and they'll factor this in to any offer they eventually make. If the airline wants to settle, they'll let you know.

b) you are under no obligation to agree a stay, especially as most cases can be argued on the basis of established European law. If the airline wants a stay, let them argue the case (and pay the appropriate fee). Your job is not to make things more convenient for the airline!

legal_magpie

Vauban wrote: »

My thoughts:

a) never chase the airlines to settle: you look desperate to avoid court, and they'll factor this in to any offer they eventually make. If the airline wants to settle, they'll let you know.

b) you are under no obligation to agree a stay, especially as most cases can be argued on the basis of established European law. If the airline wants a stay, let them argue the case (and pay the appropriate fee). Your job is not to make things more convenient for the airline!

This is probably the first time that I have disagreed with the illustrious Vauban but I'm going to over this.


The airline will get their further stay, whether or not you object. While you don't have to make things easier for them, if you refuse to consent and force them to make a formal application and they win, you may well be ordered to pay their costs on the basis that:


(1) You forced them to make it


(2) You lost


(3) Your action was unreasonable


So on this occasion, I suggest that you agree. you have nothing to lose
JJ

Vauban

legal_magpie wrote: »

This is probably the first time that I have disagreed with the illustrious Vauban but I'm going to over this.


The airline will get their further stay, whether or not you object. While you don't have to make things easier for them, if you refuse to consent and force them to make a formal application and they win, you may well be ordered to pay their costs on the basis that:

(1) You forced them to make it

(2) You lost

(3) Your action was unreasonable

So on this occasion, I suggest that you agree. you have nothing to lose
JJ

JJ is a lawyer; and I am not. So you should weigh these comments accordingly!

But unless your submission depends upon the Huzar judgement, I do not see why you should agree a stay. Your case can be argued with binding European law (which is not being appealed) and I do not see why a claimant in these circumstances should consent to an airline's request that you park your claim. Especially as Huzar could be further appealed (if the airlines lose) to the Supreme Court or even, possibly, back to Europe.

Given this, would it really be so unreasonable to expect the airline to apply for a stay in the proper way and put their argument before a judge? I wouldn't think so, but then I am not a lawyer.

ChorizoMan

Hi everyone. I'm looking for advice on claiming for multiple people.

I'm confident in my claim - declined by TC on ground of EC. Ground crew apparently drove off without disconnecting from the plane while in the UK, so it was 4 hours late arriving to fly us back from Turkey. TC's position is that the ground crew belonged to the airport not them, so out of their control. Nonsense of course.

We were booked as a party of 8. My wife was the lead passenger and there were 6 adults and 2 children. No-one wants to make their own claim so it's down to me. Everyone is prepared to sign authority for me to pursue on their behalf, but I wondered what pitfalls I should watch out for when trying to claim for multiple parties.

From reading this forum, it seems clear that MCOL is not the way forward. Other than ensuring all parties names are included from the outset though, I haven't seen much advice on claiming for a group of people. Is there anything I should be careful to do/avoid? Or is there a thread I've missed that covers this already?

David_e

ChorizoMan wrote: »

Hi everyone. I'm looking for advice on claiming for multiple people.

I'm confident in my claim - declined by TC on ground of EC. Ground crew apparently drove off without disconnecting from the plane while in the UK, so it was 4 hours late arriving to fly us back from Turkey. TC's position is that the ground crew belonged to the airport not them, so out of their control. Nonsense of course.

We were booked as a party of 8. My wife was the lead passenger and there were 6 adults and 2 children. No-one wants to make their own claim so it's down to me. Everyone is prepared to sign authority for me to pursue on their behalf, but I wondered what pitfalls I should watch out for when trying to claim for multiple parties.

From reading this forum, it seems clear that MCOL is not the way forward. Other than ensuring all parties names are included from the outset though, I haven't seen much advice on claiming for a group of people. Is there anything I should be careful to do/avoid? Or is there a thread I've missed that covers this already?

Some have succeeded with "on behalf of" claims but I believe it's not legally watertight from a strict process perspective. The way forward, I suggest, is one claim with 8 claimants, each of who needs to sign the form. Under 18s need a litigation friend (it could be you ...) and form N235. You can't do online. Download and complete forms and either post or (check first) file at local county court (incl copies of all forms). Make sure you include claim for your court costs and interest at 8%pa.

Send NBA a couple of weeks before doing this. NBA can be sent by you just referring to the whole party.

If you are close to 2 year limit, get it done as soon as, just in case Dawson case is found for the airline.