Court success thread

Mark2spark

VOB72 wrote: »

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.

Well done VOB! :T

I think I would be minded to write one more letter. To the CAA.
Detail your case, detail how they had already lost similar cases, yet decided to plod on, in clear disregard of the Regulation, and ask them, nay, DEMAND of them, (the CAA) that they take action against TC, - after all, they are supposed to be enforcing passenger rights, are they not?

Mark2spark

P_Doff wrote: »

I now claim two victories in one case.

:T:T:T Well done.

Did their barrister have anything to say to you afterwards?

P_Doff

Mark2spark wrote: »

:

Did their barrister have anything to say to you afterwards?

He was totally professional, a true gentleman and congratulated me.

SGP

Flight Number TOM4753 29th July 2012

16 hour and 18 minute delay from Larnaca, Cyprus to London, Gatwick caused due to bad weather and a disruptive passenger on the prior flight, leading to the crew overflying their hours and being unable to return to Gatwick. This, Thomson alleged, amounted to Extraordinary Circumstances and thus, they could not agree to compensation.

Twelve months after initially writing to Thomson and close to eighteen months after the flight in question, I won in court against Thomson earlier this week. They were ably represented by a proficient and skilled barrister who failed to adequately prove her statement of case, due in part to errors and omissions on the part of her client, but primarily because the case was a dog from the start and it should never have reached court.

I filed it in March and it was heard this week, after being stayed for mediation, which Thomson initially agreed to (via their Allocation Questionnaire) but never carried out.

NoviceAngel

Well done SGP :T:T:T

Glad you claimed, that's such a silly case, did his Honour Judge Platts get a mention?

SGP

Thank you and no, as this claim did not contain any element of technical failure. However, I did mention Deputy District Judge Benson, who ruled in the case of Frederique Jager that weather conditions affecting a previous flight does not fall under the airline’s defence of extraordinary circumstances. However, as it was a County Court Judgment, the result although perhaps persuasive is not binding.

andyfer

Just received a letter from TC's solicitor offering to settle for £1335 in advance of our court hearing on Friday.
Very pleased obviously about not having to prolong the agony but this does fall someway short of the amount we were claiming i.e.
400 Euros x 4, plus interest from 2011 (at 8% normally), plus the £71 small claims court fee.
Do you think we should just agree and be done with it or hold out for the full amount?

NoviceAngel

Well done on receiving an offer. However, only you can decide if the offer is good enough to accept without trial.

I have my own view, and I'm sure others have theirs - there is no one correct answer! Well done though, which ever route you take you have a victory in an offer :beer:

Cheers

NoviceAngel

Vauban

Yes - but don't suspend the action until you have the money. As Mark2spark says elsewhere, insist on a cheque or the funds or an admission to the court of liability to pay.

Vauban

Oh - and take the money, but say you want the court fees too!