Taking The Airlines To Court

stevew48

The defendent has not responded to the order and the Judge has said that my claim will stand struck and I can apply for judgement for sum claimed inc interest and costs ... What form do I use for this... Is it N24 ?

Thanks

Stevew

legal_magpie

This is a bit mixed up. It can't be your claim that is struck out otherwise you've lost. It is probably that the defence is struck out.
Form N225 is used to enter judgment although a shorter form of application should have been sent to you when you commenced proceedings

cbukmedia

Hi

I posted this a few days ago in another thread I had previously posted in regarding the same matter, but think this thread on court issues is more apt! If someone can advise me or explain what the heck it means, I'd be very grateful.

In a nutshell, I took Air Mauritius to the small claims court for a 27 hour flight delay from Heathrow in September last year. I have recently received the below Standard Order from the county court, after both parties submitted their respective questionnaires.

The Standard Order states the following:

Deputy District Judge XXXX orders that this claim is stayed until 15 August 2014 to enable the parties to attempt settlement to await the outcome of judgement in Huzor V Jet2.com

On or before 15 August 2014 one of the following steps must be taken:


either
the defendant must notify the court of the outcome or whole of the claim has been settled;

or

the claimant or defendant must write to the court requesting an extension of the stay period, explaining the steps being taken towards settlement and identifying any mediator, expert, or other person helping with the process.

The letter should confirm the agreement of all the other parties.

or

all the parties must file a completed allocation questionnaire at the court. Where a settlement of some of the issues in dispute has been reached, a lost of those issues should be attached to the completed questionnaire. The list must be agreed with the other parties and must indicate that it has been agreed.

This order was made without a hearing etc etc. Any party affected by it may apply within 7 days of service for it to be set aside, varied or stayed.


I was expecting some reference to the Huzor case as I've been reading about it, which will no doubt stall things even further, but may perhaps work in my favour, ultimately.

Both parties had also submitted the questionnaire before this Standard Order was made, so I'm not sure what else can be done regarding the questionnaire now.

The question is: what now, and from whom? I don't know whether to sit tight as the ball is back in Air Mauritius' court with the mention of the word 'settlement', or I need to make the next move.

Advice please someone - thank you:)

legal_magpie

The Court office seem to have mixed up two reasons for a stay. The most common one is a stay to enable the parties to negotiate and that is the form of order that you've been sent. But the order also includes these words " to await the outcome of judgement in Huzor V Jet2.com".

I suspect that the Judge intended a stay based on the Huzar appeal and the Court has used the other form of order.

I suggest that you write to the Court pointing out the error, explaining that the case has not been settled and that you need clarification.
JJ

Mark2spark

You might also want to consider whether you agree to a further stay as well, as a 27 hour delay won't just be arguable under Huzar, there's other tests that the airline have clearly failed on.

Voyager2002

Christmas Day knock-on delay (Gatwick)

I wonder whether anyone has any experience claiming for a delay that occurred the day after the Christmas Eve chaos at Gatwick, and so can give an informed opinion as to whether this would still constitute ECs. If so, I would be very grateful if you could share your experience.

stevew48

stevew48 wrote: »

The defendent has not responded to the order and the Judge has said that my claim will stand struck and I can apply for judgement for sum claimed inc interest and costs ... What form do I use for this... Is it N24 ?

Thanks

Stevew

I submitted my N225 and covering letter to the judge asking for payment since Thomson had not complied with his 'Unless' order. However, it would appear that, certainly for the larger corporate defendants, 'Unless' orders do not have any relevance since the judge has now decided to stay my case pending the appeal of Thomson and Jet2.

stevew

Essexpaul

I am due in Court at the end of August, I am claiming for myself and 3 others. I would like my wife to represent us in Court as she has prepared and researched the whole case. Do we just advise the Court on the day or is there a procedure we need to follow. I

dxc_chappie

Essexpaul wrote: »

I am due in Court at the end of August, I am claiming for myself and 3 others. I would like my wife to represent us in Court as she has prepared and researched the whole case. Do we just advise the Court on the day or is there a procedure we need to follow. I

You need to research McKenzie friends, e.g. http://www.judiciary.gov.uk/publications/mckenzie-friends/

Essexpaul

Many thanks. I should have said that my wife is also one of claimants to the case, so would she be able to represent us all? I will obviously be there as my name is the lead name.