Taking The Airlines To Court

dxc_chappie

Essexpaul wrote: »

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.

I'd suggest you and the other claimants write a statement authorising your wife to represent you at any hearing and include it in your bundle. If the other claimants are children then there is a form to fill in (N235?) which I think should have been included with your claim form - best to include this as well if applicable. Search/read this thread for more info.

legal_magpie

Not necessary as your wife is a claimant. It's quite normal for one Claimant to act as the advocate for them all especially as you are all one family.

Ningaloo

Hello, I have submitted my claim for a flight delay caused due to a knock on delay from a previous flight due to damage caused to the plane. My case is now stayed due to Huzar vs Jet 2.

Is this right?, my flight itself had no problem, it was the previous one.

Would someone kindly clarify for me that this is correct.

Thank you.

David_e

deslorna wrote: »

Hello, I have submitted my claim for a flight delay caused due to a knock on delay from a previous flight due to damage caused to the plane. My case is now stayed due to Huzar vs Jet 2.

Is this right?, my flight itself had no problem, it was the previous one.

Would someone kindly clarify for me that this is correct.

Thank you.

I've not studied the detail and fallout from the Huzar appeal and I've never been sure the extent to which "knock on" delays are a distinct class of legal argument.

I suppose your problem is whether, irrespective of the facts, you can request that the case be un-stayed.

Hook4golf

markavo1 wrote: »

I am about to start a claim against Thomson. Which court would the case be heard at if it went all the way? would it be my local court or a court local to Thomson head office?

Hi Markavo1, I am also very unhappy with Thomson airlines, I waited over a year to receive a judgement from the CAA who was dealing with my 10 hour plus delay only to receive a rebuke from Thomson as they said a flock of birds flew into the engines on the runway, and that is an act of God, however, since the new ruling it was pointed out that I should be able to claim compensation, I wrote to them again and I received a further rebuke and also mentioned they will not respond to any further claims.
If you have any info how to take the matter further I would be grateful.

legal_magpie

The main case on "knock-on" is Finnair Oyj –v- Timy Lassooy ( ECJ Case C-22/11) .
I believe it's also covered in the FAQs

clippy_girl

Hi all,

After some very helpful comments on here, i have filled in a claim form for me and two friends (3 claimants). easyjet were served the paperwork by the ct last week (they stated it was deemed served on 28 aug and they have until the 11 sept to respond).

Today all three of us have received a letter from the ct stating 'take notice that the ct has sent the claim form by post and the envelope has been returned marked 'return to sender'. the document is nevertheless served unless the address is not the relevant for the purposes of rule 6.5 civil procedure rules.'

the address on the claim form was hangar 89 luton airport which is their registered office address and where i have previously written to them and received a reply. they clearly got the letter if it is marked return to sender!

i have looked at rule 6.5 but it refers to personal service and this was obv not personally served! i assume the ct meant to state 7.5 which states 1st class post is acceptable.

i assume i still just send in the request after 11 sept for judgement as they will obv not be replying.

legal_magpie

If it was sent to their Registered office then service is valid assuming that the registered office was correctly stated and not out of date. But I have just checked on the Companies House website and the Hangar 89 is still shown as their Registered office so you can enter judgment at the appropriate time.

sacherlover

Dear All,

I have read all 22 pages of this thread and still need some clarification please.

Also, although I see reference to FAQs I have not found any links that work and not had a reply to my email last week to the Forum Team about this. So apologies if I have missed something, if I can access the FAQs (I have tried both logged in to the Forum and not) I would happily read them.

Monarch flight from Spain to Heathrow in 2013 delayed 5 and a half hours.
Filled in forms, rejected due to EC about an ECAM.
Sent to AESA in Spain, who said it was not an EC once they had received Monarch's report.
Wrote back to Monarch, still rejected.
Recently sent Monarch NBA letter using Signed For post, Royal Mail site shows letter received next day - no response from Monarch.

As I want to claim for my partner and I, it appears that I cannot use one claim on MCOL for both of us.

Has anyone used MCOL for one of the passengers and then got agreement that both (non family member) passengers mentioned in the particular of claims should be compensated.

Or should I do the claim the paper based route where I believe we can both be claimants.

Also, on MCOL the claim amount has to be in £s. Would someone please confirm that I should use the exchange rate as at the date of the flight?

Finally, would anyone be able to confirm that the correct full title for Monarch is Monarch Airlines Limited?

Thanking you in advance for your help with this.

Regards,

Jackie

JPears

sacherlover wrote: »

Dear All,

I have read all 22 pages of this thread and still need some clarification please.


Or should I do the claim the paper based route where I believe we can both be claimants.......

Also, on MCOL the claim amount has to be in £s. Would someone please confirm that I should use the exchange rate as at the date of the flight?

Finally, would anyone be able to confirm that the correct full title for Monarch is Monarch Airlines Limited?

Thanking you in advance for your help with this.

Regards,

Jackie

Yes and yes and not sure