Court success thread

Davidvgoliath

MrsChewy wrote: »

Found this article on Bott & Co Solicitors.....

Why the NEB have decided to publish these early is a mystery.

I would suggest because the CAA - and no doubt other NEB's - are swamped with complaints from devious airlines trying to wriggle out of their statutory compensation obligations......

Davidvgoliath

Davidvgoliath wrote: »

I would suggest because the CAA - and no doubt other NEB's - are swamped with complaints from devious airlines trying to wriggle out of their statutory compensation obligations......

Interesting article by the way and well worth reading - good to see a technical view by a law professional.

Most interesting bit;

This guidance shows that NEBs are incorrectly telling passengers that they are not entitled to compensation, when quite clearly, if they took their cases to Court, the Judges would take a different view.

Vauban

Davidvgoliath wrote: »

Interesting article by the way and well worth reading - good to see a technical view by a law professional.

Most interesting bit;

This guidance shows that NEBs are incorrectly telling passengers that they are not entitled to compensation, when quite clearly, if they took their cases to Court, the Judges would take a different view.

But to paraphrase the great Malcolm Tucker, "would does not mean should" ...

beach255_2

Another victory against VA. just had my cheque in the post following on from my parents successful claim the other week.������ thanks again everyone for your help on this forum������

MrsChewy

Lost case see Monarch thread 02/08 by Ang216C

The Monarch court bundle was sent to me by email 36 hours before the court date. Their legal rep. arrived late and was then allowed by the Judge to submit a skeleton argument and a Eu Case bundle which I was given 10 minutes to read. After pointing out that under CPR rules this was not acceptable the Judge said that she could accept what she wanted. I was then asked if I was ready to continue. On stating that I was not, the case was adjourned.

From the start of the second hearing I was given the impression that the case had already been decided when the Judge asked if I had anything to say before she passed judgement even before I had even argued my case!!! I then contested the skeleton argument which included a series of short quotes from Wallentin paragraphs chosen to suit their needs.
I explained that many of these were taken out of context and that paragraphs should be read in full to determine their full and true meanings. I was told by the Judge several times to be quiet and when I was able to challenge a totally incorrect statement by the defense I was told that this was not a slanging match.

Monarch had also produced various statements from engineers and service records for the aircraft.

The Judge also stated that Monarch were a small operator and as such could not be expected to provide spare aircraft, crews at short notice etc. (I had already challenged them on wet leasing, providing spaces on other aircraft etc.)


The judgement was that the fault was a hidden defect......etc

This Judge was not for turning.

sging1

MrsChewy wrote: »

Lost case see Monarch thread 02/08 by Ang216C

The Monarch court bundle was sent to me by email 36 hours before the court date. Their legal rep. arrived late and was then allowed by the Judge to submit a skeleton argument and a Eu Case bundle which I was given 10 minutes to read. After pointing out that under CPR rules this was not acceptable the Judge said that she could accept what she wanted. I was then asked if I was ready to continue. On stating that I was not, the case was adjourned.

From the start of the second hearing I was given the impression that the case had already been decided when the Judge asked if I had anything to say before she passed judgement even before I had even argued my case!!! I then contested the skeleton argument which included a series of short quotes from Wallentin paragraphs chosen to suit their needs.
I explained that many of these were taken out of context and that paragraphs should be read in full to determine their full and true meanings. I was told by the Judge several times to be quiet and when I was able to challenge a totally incorrect statement by the defense I was told that this was not a slanging match.

Monarch had also produced various statements from engineers and service records for the aircraft.

The Judge also stated that Monarch were a small operator and as such could not be expected to provide spare aircraft, crews at short notice etc. (I had already challenged them on wet leasing, providing spaces on other aircraft etc.)


The judgement was that the fault was a hidden defect......etc

This Judge was not for turning.

Sorry about your expieriance, based on this, can you appeal? The judges should be answerable to someone.

I had a judge that openly said he know nothing about any of it, luckily it was a pre-hearing. In these circumstances I think it’s down to the best argument by either side if you are allowed to speak or the better lawyer.

worriedwoman_2

I have been pm'd by a few people who were on the same flight as me to Las Vegas in August 2012. Virgin had defended my claim all the way, and I have received my court hearing date through - September 27th.
One person who contacted me was a little ahead of me in his claim. He had his court case against Virgin a couple of weeks ago, and although he didn't attend court himself, Virgin lost the case and settled in full straight away.
This helped me tremendously and I emailed Virgin straight away suggesting they settle my claim too, to save them more expense and inconvenience of another court case. I heard nothing back, and as I am meant to be paying my court fee this week I telephoned them yesterday to see if they received my email and to suggest this to them again.
The lady I spoke to said straight away that there is a cheque there for me which is being sent first class!
Today I received the cheque and a letter from Virgin saying “I have noted your comments and under the circumstances enclose a cheque in full and final settlement of your claim”
I am so pleased that this has finally been settled without going to court.
I will be happy for anyone else claiming for the same delay to contact me for more information.
The flight in question was VS043 to Las Vegas from Gatwick on 27th August 2012

Vauban

Well done to worried woman - I've quite lost count of the successes to failures. But we must be getting on for fifty by now - and I think I've seen five losses. So it's about 90% wins.

I have also been pm'd today a truly fantastic story from someone who has recently won their court case. It is HILARIOUS - but I will leave it to them to share it with you in due course.

Come on people - LET US GO FORWARD TOGETHER!

MrsChewy

Sorry for the confusion its not me that lost the case, mine is still pending. I just noticed this lost case when I was going through the forums and thought I would post it on this thread for balance. Just noticed another lost case on the Thomas Cook site. Its good when people report the full details either way as its helps others.
The problem with small claims court is there is no way of knowing other than forums like this whats happening. My guess is that technical faults will be harder to prove and just quoting the usual cases just wont be enough other strategies are now required I think.

Vauban

MrsChewy wrote: »

My guess is that technical faults will be harder to prove and just quoting the usual cases just wont be enough other strategies are now required I think.

Not sure I understand this. I think it would be a mistake to be distracted from the fundamentals of the law - and indeed that strategy does seem to be working (in 90% of cases, anyway). What strategies would you recommend, Mrs Chewy?