Taking The Airlines To Court

111KAB

KillBetty wrote: »

I'm just beginning my court claim, I've read the information on how to calculate interest just can't work out when I should start the interest from? A bit of advice would be great, thanks

From date of delay

lyndac40

Hi killbetty,

Clerk at the court told me from the date of the flight but she said i didn't have to work out the figure they would so that for me. Hope that helps.

lynda x

lyndac40

Hi everyone,

Got a question about small claims court, United have to return the summons on or before the 8th July. Can I expect to hear from them before then to tell me they are defending my claim or will the court hear before me?

Thanks Lynda x

Dr_Watson

After receiving a defence from Ryanair (over on the Ryanair thread) I have also received from the court a form N150 allocation questionnaire.
Is this normal for this claim route? There is no sign of form 'C' that I have seen posted on this forum. From what I have read about the form I have received this seems to be to help the judge to decide which track the claim should progress- again from my understanding the European route is a written based hearing and no oral hearing would usually be held.
Should I have received this form from the court? - I thought that at this point I would now have to be replying to Ryanair's defence and not completing allocation questionairre's.
Thanks for your help.

Sweet_FA

Hi

My partner & I are making claims against Monarch for a flight delay in excess of 5 hours that we suffered.

If we have to make claims in the small claims court (which I appreciate is very likely!), can this be done as one claim or would my partner & I have to make separate claims?

martin1372

I have posted before and have raised an action at Hamilton Sheriff Court. The court hearing is on 8/8/13 and this is Thomas Cook's defence:
Explained and averred that the aircraft suffered from an electronic module sudden failure and there were no previous reports on T/O CONFIG warning system. Explained that an electronic module sudden failure is an extraordinary circumstance in terms of EU regulation 261/2004. Explained and averred that the defect could not have been foreseen. Further explained and averred that is terms of Article 19 of the Montreal Convention 1999 the carrier is not liable for damage occasioned by delay if it proves that is and its servants took all measures that could be reasonably be required to avoid the damage or that it was impossible for it or them to takes such measures. Explained and averred that in any event in terms of Article 35 of the Montreal Convention 1999 the Pursuer's claim is time barred.
This has been sent to me as Thomas Cook's defence by Simpson & Marwick solicitors.
Any opinions and advice would be appreciated.

Vauban

I commenced legal proceedings at the start of the year via MCOL. Monarch sent in their preliminary defence, the Court at Northampton sent out the allocation questionnaires, and we both agreed to small claims mediation. Unfortunately the mediation service claimed not to have had either party's contact details, so after four weeks sent the papers back to Northampton.

The case was transferred to my local County Court at the end of May, but I have still heard nothing back. So I rang them this week. They tell me that the judge has directed that we should have mediation! So that's the next stage, apparently. And the mediation service is to report back after six weeks. I should get a letter shortly.

The wheels turn slowly, but they are turning.

bazaar_2

Hi guys,
Anyone know if I should amend the defendants name via N244,
Thomson defence shows that wrong defendant was put on claim and Thomson airways to be the defendant, Claimants right of re-service to be dispensed with.'
Does this mean they agree to the change or do I have to apply via N244? any help greatly appreciated. I have to send directions questionare in thursday

dxc_chappie

I'm preparing my court bundle for my hearing in a few weeks. I wonder could I ask some of the helpful & knowledgeable members of this forum to cast their eyes over my witness statement (Centipede100? Vauban?) and comment if I PM it over? I want to make sure I've used Sturgeon/Wallentin effectively.

Thanks in advance.

JPears

dxc_chappie wrote: »

I'm preparing my court bundle for my hearing in a few weeks. I wonder could I ask some of the helpful & knowledgeable members of this forum to cast their eyes over my witness statement (Centipede100? Vauban?) and comment if I PM it over? I want to make sure I've used Sturgeon/Wallentin effectively.

Thanks in advance.

Although I lost my court case , I would be happy to have a look at it, more eyes the better!
email sent on PM