Taking The Airlines To Court

Vauban

Did you send them your bundle of documents?

shell69_2

Vauban wrote: »

Did you send them your bundle of documents?

Yep - on time so they've had it since 14th January!

Vauban

Do the oldies remember this thread?

Anyway, came across these today - which I thought were v interesting:

http://www.lawsociety.org.uk/News/documents/Litigants-in-person-guidelines-for-lawyers-June-2015/

http://www.lawsociety.org.uk/News/documents/Litigants-in-person-notes-for-LiPs-June-2015/

SimonAddison

Hi everyone


I'm currently working on my court bundle and particulars of claim, with a deadline of 30 June and a court case (v Thomson) on 28 August.


What's the latest view on the likelihood of the airline to turn up and defend the claim, versus settling the day before (or sooner)?


Thanks
Simon

legal_magpie

Depends on how good your case is and how serious Thomson are about defending. Make sure you comply with what you have to do and wait and see.

SimonAddison

legal_magpie wrote: »

Depends on how good your case is and how serious Thomson are about defending. Make sure you comply with what you have to do and wait and see.

it's the standard 'manufacturing defects = extraordinary circumstances' defence, but during the course of my correspondence they've claimed the delay was also variously due to a last minute aircraft change, problem with left hand engine, and a delay to another aircraft... so I'm going to include reference to this clear inconsistency in my claim.

Tyzap

SimonAddison wrote: »

it's the standard 'manufacturing defects = extraordinary circumstances' defence, but during the course of my correspondence they've claimed the delay was also variously due to a last minute aircraft change, problem with left hand engine, and a delay to another aircraft... so I'm going to include reference to this clear inconsistency in my claim.

I doubt they will let it go to court using a technical fault, the courts have been throwing that defence out PDQ recently.

As LM says, just keep up the pressure and see what happens.

Good luck.

legal_magpie

I'd have fun cross examining their witnesses in this case. Alternative defences are always risky. Many years ago I defended a guy who was charged with breaking a window in a pub during a fight. His defence was (a) he wasn't in that pub (b) If he was he'd left before the fight started (c) If he hadn't left, he wasn't involved in the fight (d) If he had been involved in the fight it wasn't he who broke the window. I lost

MrMojo

I have complained to Monarch about a delay greater than 4 hours out of Birmingham, caused by problems with their check in system. Monarch refused to pay up and said it was EC. I took the matter to the CAA. They investigated and have just come back to me saying they think I am right and that Monarch should pay compensation. The CAA also said they have gone back to Monarch saying they should pay up but that Monarch have refused. The CAA said I should go back to Monarch again and, if they won't pay, then take them to court as CAA have no 'ombudsman' powers over the airlines apparently.

Any suggestions on what I should do?

Justice13075

Google and download Vaubans guide. Read it and send off a letter before action (within the guide) give them 14 days and either start court proceedings or hand it to a No Win No Fee solicitor.