Court success thread

JPears

panholio wrote: »

My hearing was held this morning at 10am in the Leeds County Court and I won. My case was against Thomson for a 23 hour delay on a flight from Manchester to Jamaica in September 2011.

I submitted a claim back in July through MCOL for myself and my

Interestingly a Jet2 case was on the same day as mine. They hadn't turned up.

Congratulations :beer: Who didn't turn up the jet2 ase? Jet2 or the climant? Wonder if it was settled out of court?

panholio

JPears wrote: »

Congratulations :beer: Who didn't turn up the jet2 ase? Jet2 or the climant? Wonder if it was settled out of court?

Neither of them from what I could see.

NoviceAngel

JPears wrote: »

Congratulations :beer: Who didn't turn up the jet2 ase? Jet2 or the climant? Wonder if it was settled out of court?

Might be the one I mentioned in the Jet2 thread, strange how they settle some and not others...

Congrats to panholio - glad I could help in a small way.

Come on Dr_A the Blue Nun and the chilled Macon- Villages Uchizy are both on ice ready , If you win I get posh one!:beer:

JPears

Maybe Dr A has already hit the champagne bar in Harrogate - there are plenty

VOB72

B]TCX 7029 Fuerteventura to Bristol 23/03/2013[/B]

Seven months after submitting my claim for me, my husband and two children for a 7.5 hour delay due to a blocked toilet on the INBOUND flight (TCX 7028 Bristol to Fuerteventura - anyone on that flight would have been similarly affected) Trav Law on behalf of TC have advised they are now willing to settle - the full amount of compensation claimed plus the initial court application fee and the additional fee to add parties to my claim.:j

After receiving the usual fob-off 'technical nature' and 'MOT' letters, and getting nowhere corresponding with TC, I submitted a claim via MCOL. In the meantime, I involved AESA, who after 2 months reported that TC had not responded and they were therefore finding in my favour. TC subsequently defended at the last minute. They refused mediation. They also stated they would only consider MY claim and not the one for my husband and 2 children, despite them being named in the statement of particulars on the claim. Case was allocated to local court and judge directed I had to send an application to add them to my claim, costing a further £80 and a lot of hassle involving more form filling and a court appearance due on 13th November, just to consider this latest application to amend my initial one!. Reluctantly I did this, and have been preparing my case for eventual Final Hearing.

Following months of research and reading every post on every airline thread, I recently found a few examples of claims against TC being settled for delays arising from blocked toilets. I dug around for the details then advised Trav Law I knew about these cases and would provide the details in Court at Final Hearing, and asked if they were still minded to defend in light of this. Low and behold, they suddenly changed their minds and offered to settle!

It's been a long, hard slog and taken many hours of research and correspondence with TC and Trav Law but it has been worth it. To anyone out there feeling daunted by the prospect of taking on the airlines and their solicitors, don't be. As long as you put the time and effort in, you stand a very good chance of winning your claim and keeping 100% of it. If I can find time to do it as a working mum of 3 kids, anyone can.

My previous posts give more detail about my case and the hurdles Trav Law put in my path if anyone is interested. Happy to answer any questions or share any info I have collected in preparation for my case, just ask.

A huge thank you to Vauban, 111KAb, Mark2Spark, Blondmark, JPears and Centipede for their sound advice and contribution to this forum. I am indebted to you all.

Keep up the good fight!

Vauban

Well done: what an absurd fight you had to fight! But you prevailed, and deserve to enjoy your compensation!

P_Doff

Many congratulations VOB72. Perseverance pays.

Back in July I won my case against Jet2. The Judgement refused Jet2 permission to appeal. Jet2 filed an application for permission to appeal (amongst other things), to be heard by a more senior judge.
That application was heard today and His Honour dismissed the application on the basis that there was no realistic prospect of success, thanks in no small part to Mr Huzar and His Honour Judge Platts.

I now claim two victories in one case.

If anyone requires any further detail, just pm me.

Vauban

Well done P Duff: what an absurd charade you had to endure!

Without wanting to jinx anyone, I have yet to hear of a claimant failing in court on a technical problem case (excluding the two years appeal complication) since the Huzar judgement was published. It is quite encouraging to see Judges proactively citing it in their own deliberations.

JPears

Well done p doff
well done VOb72
Up yours airlines!

P_Doff

Vauban wrote: »

Well done P Duff: what an absurd charade you had to endure!

Without wanting to jinx anyone, I have yet to hear of a claimant failing in court on a technical problem case (excluding the two years appeal complication) since the Huzar judgement was published. It is quite encouraging to see Judges proactively citing it in their own deliberations.

Thanks Vauban. I was encouraged by comments made by the judge which seemed to indicate that judges up and down the country are talking about the Regulation. I have the feeling that they will all soon be taking the same view in so far as the issues surrounding it are concerned.