Taking The Airlines To Court

legal_magpie

Yes this is usual behaviour. Either send an "or else" follow up or simply sue them.

David_e

TrevorSmith wrote: »

well I haven't had any reply to my letter/notice before action (NBA) and the 14 days is up. Is this usual behaviour by the airlines? What next?

What next is what you said in your NBA. Start legal proceedings.

batman44

It's looking like a concerted effort by ALL airlines to request stays pending SC application at the same time. They must have had a meeting and try to flood the courts with requests. Dirty tactics comes to mind.

legal_magpie

Why is it dirty tactics? They consider the regulations are over the top and unfair and that the Huzar decision goes even further that Wallentin so it's hardly surprising that they aren't "jumping abart with bleeding joy". Also, it does make sense for there to be some consistency and, hopefully, finality. If Jet2 don't get permission to appeal the stay will end pronto.

batman44

legal_magpie wrote: »

Why is it dirty tactics? They consider the regulations are over the top and unfair and that the Huzar decision goes even further that Wallentin so it's hardly surprising that they aren't "jumping abart with bleeding joy". Also, it does make sense for there to be some consistency and, hopefully, finality. If Jet2 don't get permission to appeal the stay will end pronto.

Let's hope so, some feared the doom now and decided to pay up by the look of things.

stevemej123

legal_magpie wrote: »

Why is it dirty tactics? They consider the regulations are over the top and unfair and that the Huzar decision goes even further that Wallentin so it's hardly surprising that they aren't "jumping abart with bleeding joy". Also, it does make sense for there to be some consistency and, hopefully, finality. If Jet2 don't get permission to appeal the stay will end pronto.

Well we should find out in the next day or 2 shouldn't we. was the huzar case concluded on 11 June?

111KAB

stevemej123 wrote: »

Well we should find out in the next day or 2 shouldn't we. was the huzar case concluded on 11 June?

4.00pm on 09/07/14 = deadline.

clippy_girl

evening all, following the great advice on here i have decided to bite the bullet and take easyjet to court. as there are three claimants i need to do the paper form.

as per Vauban's opening post I have used the suggested wording in the brief details of claim box as it is concise and to the point.

i was just wondering about the particulars of claim box as i was just thinking of putting exactly the same in as its the basis of the claim. the guidance states it should include-
• a concise statement of the facts on which you rely
• a statement (if applicable) that you are seeking
aggravated damages or exemplary damages
• details of any interest which you are claiming
• any other matters required for your type of claim
as set out in the relevant practice direction

so i feel it covers that. or should i give a little more info about their response to the nba and their reason?

many thanks

Vauban

clippy_girl wrote: »

evening all, following the great advice on here i have decided to bite the bullet and take easyjet to court. as there are three claimants i need to do the paper form.

as per Vauban's opening post I have used the suggested wording in the brief details of claim box as it is concise and to the point.

i was just wondering about the particulars of claim box as i was just thinking of putting exactly the same in as its the basis of the claim. the guidance states it should include-
• a concise statement of the facts on which you rely
• a statement (if applicable) that you are seeking
aggravated damages or exemplary damages
• details of any interest which you are claiming
• any other matters required for your type of claim
as set out in the relevant practice direction

so i feel it covers that. or should i give a little more info about their response to the nba and their reason?

many thanks

I did mine via MCOL rather than paper. But the principle is the same - just keep the particulars brief. The fundamentals of the claim are simple, and you don't need yet to get into any of the legal arguments or correspondence details. All of that comes later.

Good luck with the claim - I doubt you'll need it!

edtheduck_2

I filed for the default decree first thing this morning and a Notice of dispute has now appeared this evening, though I cannot view it . It also says transfer(civil case) just above it.



The deadline for them to have responded with a counterclaim or notice of dispute was yesterday, so surely the courts should not have accepted this?? I have emailed them(court) to see what they say, but I am not amused.


Or have I got this wrong and is it something else?

Why did they do nothing for the whole 6 weeks they were given to respond, and then just send something in late and why did the court accept it??

What can I expect next and over what period of time?

Thanks