Taking The Airlines To Court

legal_magpie

No. Only one hearing fee is payable

shell69_2

Hi,

Today was my deadline to send our bundle to the court and United which I duly did. I then had a copy of an email from United to the court stating they hadn't been told of a court date or any need for further information, they were waiting for a mediation date to be set and could they have some leeway to get the information in.

I've no doubt that the court will give them the leeway and an extension date, however this hardly seems fair as they have all of our information to work with whereas we had none of their counter arguments. I had already emailed the court to say that United had failed to comply with the courts directions and they should rule in our favour, but is there anything else I can do at this stage?

Thanks for any advice

JPears

Strange how you got all the information and directions from court and United didn't....
Not strange at all. It is more than likely they did receive it and either ignored it or lost it.
I think advice for others in future, is to contact the airline BEFORE you send your bundle in (on time) and ask when you will receive theirs.
Then you will already know what game they are playing, or if they have "forgotten".

legal_magpie

shell69 wrote: »

Hi,

I've no doubt that the court will give them the leeway and an extension date, however this hardly seems fair as they have all of our information to work with whereas we had none of their counter arguments.

Not necessarily. It depends on how far away the hearing date is. They will have to apply for an adjournment but if the hearing is a while away, they may not get it.
Don't worry about your documents being seen. There will be nothing of significance to the airline. If you've sent any cases, they'll know them. It's up to them to prove ECs if that's what their case is based on.
JJ

shell69_2

Thanks - I'm sure you're right that it won't actually make any difference them seeing our bundle first - it's really galling though that I was working on mine all over xmas yet they can't be bothered.

All papers were served to the Uk address and it's the U.S. side saying they haven't had them so they could possibly not have been passed on. Funny that they are unable to repond to previous emails but as soon as They find out they haven't complied to court directions they are able to do so instantly!

The hearing isn't until the 6th March so hopefully the court won't adjourn.

shell69_2

legal_magpie wrote: »

Not necessarily. It depends on how far away the hearing date is. They will have to apply for an adjournment but if the hearing is a while away, they may not get it.
Don't worry about your documents being seen. There will be nothing of significance to the airline. If you've sent any cases, they'll know them. It's up to them to prove ECs if that's what their case is based on.
JJ

Well, I have phoned the court and they say that United are going to put in an application saying they want to include additional documents and the judge will decide if they can or not.

I am going to write to the court saying we don't want them to be able to submit extra paperwork as it's there fault they didn't get it in on time. Have I read somewhere that we have to agree to them being able to do so or is that wishful thinking.

Thanks for any advice

Vauban

shell69 wrote: »

Well, I have phoned the court and they say that United are going to put in an application saying they want to include additional documents and the judge will decide if they can or not.

I am going to write to the court saying we don't want them to be able to submit extra paperwork as it's there fault they didn't get it in on time. Have I read somewhere that we have to agree to them being able to do so or is that wishful thinking.

Thanks for any advice

I think you should write and say that, having adhered to the Court's instructions, you feel it would be against natural justice to allow United to submit new evidence and arguments having now read your bundle.

But in practice most District Judges seem to allow them to get away with it unfortunately.

shell69_2

Well my court hearing against United is on FridAy! I'd be grateful for any last minute
advice or words of wisdom about how the hearing will play out! 2 of the other claimants are coming with me - will they be able to ask questions as well or will it all need to go through me as I have completed all of the forms?

Thanks for any help

legal_magpie

If they intend to rely on additional documents, have they sent them to you in advance so that you can consider them? They're supposed to so that you are not taken by surprise. If not, you can ask the Judge not to allow them to use them or at worst seek an adjournment to allow you to consider them properly.

shell69_2

legal_magpie wrote: »

If they intend to rely on additional documents, have they sent them to you in advance so that you can consider them? They're supposed to so that you are not taken by surprise. If not, you can ask the Judge not to allow them to use them or at worst seek an adjournment to allow you to consider them properly.

I've heard burning from them apart from the original defence (1 paragraph) and a sheet if A4 saying the incoming flight was delayed due to weather! Here's hoing they don't turn up on the day!!