Court success thread

JPears

Well done and congratulations.
Lets just hope Monarch don't be silly and try to appeal.
What time limit did judge make for payment?
I just need to check none of my Pension investments include any Monarch shares.....

Vauban

Brilliant story Sandra - loved every minute of it!!!

I'm really pleased, with a number of others, to have been able to help. I absolutely love it when people do their homework and then show the courage to take these charlatans on. It is in these circumstances that this forum comes into its own, in my opinion.

Monarch are a shambles. Their passive aggressive responses are almost as pitiful as their apparent belief that they are not bound by laws and legal process. And the other airlines are not much better. So they all deserve everything this forum throws at 'em!

Forward to victory!

richardw

Well done Sandra

ArianSandra wrote: »

….Judge Lethem ….. he struck out their defence because of their “flagrant and blatant” disregard for court rules and directions – specifically CPR 27.4. He is “critical” of the manner in which they have conducted themselves and the language in which their stay request was couched. He quoted CPR1.1 - the overriding objective (equal footing) and found in my favour. (I rather redundantly had all these ready as my worst case outcome was an adjournment.)...

About time a Judge referred to their conduct!

Here's a link to CPR 27.4 http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#27.4

and CPR 1.1 http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part01#1.1

Will his comments eventually form part of formal public record I wonder.

ArianSandra

JPears wrote: »

Well done and congratulations.
Lets just hope Monarch don't be silly and try to appeal.
What time limit did judge make for payment?
I just need to check none of my Pension investments include any Monarch shares.....

I confess I didn't note the time limit for payment. I'm assuming 14 days though. The Judge was very clear that they can't appeal the decision based on Huzar's outcome because he didn't find for me based on that judgement. It's purely on the failure to comply with procedure and directions. Hopefully there can be no argument about that!

Trigger16

Gatwick to Male TOM054 6th January, 2013

I want to update the forum on my recent success and to thank the regular forum contributors for the quality of information on the forum. I have heavily relied on the forum in pursuing my case – Thank you.

I went to court in early December, 2013 and Thomson obtained a stay, although I objected, to wait for the outcome of the Huzar appeal. The court issued an order requesting that Thomson update the court on the Huzar appeal by the 4th February, 2014. They did not update the Court and a second order was issued giving them until the 4th March, 2014 to respond or I could request judgement. On the 5th March, 2014 I delivered to the court a completed N225 requesting a Judgement by Default.

To my surprise a week later I received the Judgement from the Court including requested compensation, court costs, interest and costs for attending court. A week later I was contacted by Thomsons and accepted an offer, after some negociation. I did concede a small amount of money, but I was happy to now settle rather than wait for an indefinite period.

My advice is to please carefully read the court order and make sure that you understand it. Make sure that Thomson follow the court order and by the dates specified. By doing this I was in a very good position when it came to the settlement negociation with Thomsons.

Thanks again to all forum contributors.

Also posted in Thomson only thread

Vauban

I think it may be time to resuscitate this thread, which stalled whilst the stays were in place.

So if you start legal action and subsequently win - either in courtroom because the airline gives up - then please record your victories here!

Think it's gonna get busy ...

Mark2spark

Also worth a read in that many claimants were successful pre Huzar and just relying on Sturgeon.

Vauban

Mark2spark wrote: »

Also worth a read in that many claimants were successful pre Huzar and just relying on Sturgeon.

That's absolutely right: we worked out at the time that, based, on what was being reported here, over 90% of those who started a legal action secured their compensation. And that was before the Huzar judgement.

jenn1ewest1

Have posted on the thomson flight but for those who havent read

I was quick off the mark on the 31st of October after hearing that the supreme court had rejected both claims from the airlines and I emailed Thomson

On Thursday I received an e-mail with my offer for full amount and court costs plus 3% interest,I rejected this and said I would settle for 6% interest he then replied immediately offering me 5% interest which I accepted as you cant guarantee what the court is going to award in interest and thought its about time my claim was sorted after a two year slog ,I have provided my bank details and have been assured that the money should be in my account within fourteen days ,will keep popping on here in case any one wants to ask me any questions and would like to say a big thankyou to you all on here as would never have got this far without all of your help x

superowls

Just arrived back from court, when I got there a barrister was sat waiting for me.

He asked to speak to me before we went into court and offered the full settlement including 8% interest and full costs.

The order was drafted out and given to the judge who accepted this without hearing the case and TC now have 14 days to pay £2589.53

The flight in question was TCX174 on G-OMYT flying from MAN (Manchester) to CCC (Cayo Coco, Cuba)