Court Bundles!

JPears

Yes folks, those of you involved in the original bank charges reclaim from 5-6 years will recognise the phrase "Court Bundles"
Can those in the know, or even vaguely in the know, please advise what should be included in the court bundle sent to Court and Defendants 2 weeks before hearing?

Do we need to include:
1. Copies of ALL correspondance with any party that is relevant?
2. Copies of Reg 261/2004 or just the relevant sections within your statement?
3. Complete copies of any judgements such as Finnair or Wallentin, or again, fully referenced sections that are relevant?
4. Copies of all bookings, boarding cards etc even when the airline has admitted the flight was booked in their defence (although I note that they did not state that we had boarded the flight)?


My brain hurts:o

111KAB

Centipede100 wrote: »

To quote a familiar phrase 'you have 4 yesses'!

You also need to produce a witness statement which lays out your claim and rebuts the airline's defence as far as you know it ths far.

Thanks to Centipede my 'Bundle' was along the lines of this post. My witness statement was the bare facts of the case and the '4 yesses' formed 4 exhibits within my bundle. I had 17 exhibits in all!

JPears

Thanks for replies peeps.
Keep slogging away at witness statement, making my brain hurt trying to get things in the correct order!

JPears

In addition, should we include a full copy both of Sturgeon 2009 and Nelson /Lufthansa 23/10/2012?
Quite a few trees getting sacrificed here!

111KAB

JPears wrote: »

In addition, should we include a full copy both of Sturgeon 2009 and Nelson /Lufthansa 23/10/2012?
Quite a few trees getting sacrificed here!

Yes - unfortunately particularly if you rely/refer to them. As before I included in mine as an 'exhibit'.

JPears

Almost done my bundle.
In the Statement should we list all items being claimed?
ie 1. Compo, 2. Interest since the delayed flight, 3. Court fees paid to date and payable in the future? 4. Travel expenses? 5. Can time of work/loss of earnings be claimed for?
Thanks in advance.

111KAB

JPears wrote: »

Almost done my bundle.
In the Statement should we list all items being claimed?
ie 1. Compo, 2. Interest since the delayed flight, 3. Court fees paid to date and payable in the future? 4. Travel expenses? 5. Can time of work/loss of earnings be claimed for?
Thanks in advance.

Yes this is the fundamental aspect ie you are claiming this amount .....£xxxxx for the following reasons ........yyyyy..
So the amount you claim is made up of a delay payment + 8% interest from date of delay + court fees for submission + hearing costs. In addition you can ask the judge (and mention in your statement) that you believe you are entitled to your reasonable costs for attending court (normally £50 per person however do not mention a figure) and your costs for getting to and from the court (you will probably be asked for receipts). Time off work and loss of earnings cannot be claimed for however you may wish to point out to the judge that you have suffered this as it will just go to show that you are 'serious'.

grazzzz

111KAB wrote: »

Yes this is the fundamental aspect ie you are claiming this amount .....£xxxxx for the following reasons ........yyyyy..
So the amount you claim is made up of a delay payment + 8% interest from date of delay + court fees for submission + hearing costs. In addition you can ask the judge (and mention in your statement) that you believe you are entitled to your reasonable costs for attending court (normally £50 per person however do not mention a figure) and your costs for getting to and from the court (you will probably be asked for receipts). Time off work and loss of earnings cannot be claimed for however you may wish to point out to the judge that you have suffered this as it will just go to show that you are 'serious'.

God forbid you lose can they claim the same against you?

111KAB

grazzzz wrote: »

God forbid you lose can they claim the same against you?

No - I suggest you read other posts.

jacksback

111KAB wrote: »

Yes this is the fundamental aspect ie you are claiming this amount .....£xxxxx for the following reasons ........yyyyy..
So the amount you claim is made up of a delay payment + 8% interest from date of delay + court fees for submission + hearing costs. In addition you can ask the judge (and mention in your statement) that you believe you are entitled to your reasonable costs for attending court (normally £50 per person however do not mention a figure) and your costs for getting to and from the court (you will probably be asked for receipts). Time off work and loss of earnings cannot be claimed for however you may wish to point out to the judge that you have suffered this as it will just go to show that you are 'serious'.

Can the amount be different than the original claim then? Mine is a bit confusing as I have already been paid for one leg of my flight but didn't have interest or further court fees on.. Can I do a new amount on ,my witness statement? Thanks

111KAB

jacksback wrote: »

Can the amount be different than the original claim then? Mine is a bit confusing as I have already been paid for one leg of my flight but didn't have interest or further court fees on.. Can I do a new amount on ,my witness statement? Thanks

Yes on your witness statement (which I presume you are also serving on the Defendant) just start of with the amount you are claiming and how it is made up. I would not amend your Particulars of Claim however.
When, if in Court you can start off by introducing the amount of your claim and if the Defendant objects then that is the time for him to do so.