We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

The MSE Forum Team would like to wish you all a Merry Christmas. However, we know this time of year can be difficult for some. If you're struggling during the festive period, here's a list of organisations that might be able to help
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Has MSE helped you to save or reclaim money this year? Share your 2025 MoneySaving success stories!

who is liable to pay the compensation?

13»

Comments

  • blondmark
    blondmark Posts: 456 Forumite
    Is Blondmark able to advise??

    Sorry ... been spending far too much time in 'real life' lately. Well it seems to me that these two airlines both know precisely which of them is the operating air carrier, but they are acting in bad faith by conspiring together to shuttle would-be claimants back and forth in order to sabotage legitimate claims brought by their passengers.

    So in these circumstances I am with Centipede - you should make one of them the first defendant and the other one the second defendant. Then in your particulars you should explain that both defendants appear to be conspiring to circumvent the authority of the court by refusing to disclose the identity of the operating air carrier, and that one of the two defendants should be ordered to pay the costs of resolving the issue.

    After they have both been served, one or other of them may make an application to have themselves removed as a party on the premise that they are not the operating air carrier. If this happens, the judge would probably decide this at a hearing. The claimant need only write in rather than attend, since he can contribute nothing factual other than the airlines' refusal to cooperate, and a reiteration of the request that the costs of that hearing should be borne by the defendant whose conduct has necessitated this unnecessary step.

    All sounds a bit technical, but message me if you want to try this and I'll draft that bit if it helps.
  • greeneyedlad
    greeneyedlad Posts: 80 Forumite
    Ninth Anniversary 10 Posts Combo Breaker
    blondmark wrote: »
    Sorry ... been spending far too much time in 'real life' lately. Well it seems to me that these two airlines both know precisely which of them is the operating air carrier, but they are acting in bad faith by conspiring together to shuttle would-be claimants back and forth in order to sabotage legitimate claims brought by their passengers.

    So in these circumstances I am with Centipede - you should make one of them the first defendant and the other one the second defendant. Then in your particulars you should explain that both defendants appear to be conspiring to circumvent the authority of the court by refusing to disclose the identity of the operating air carrier, and that one of the two defendants should be ordered to pay the costs of resolving the issue.

    After they have both been served, one or other of them may make an application to have themselves removed as a party on the premise that they are not the operating air carrier. If this happens, the judge would probably decide this at a hearing. The claimant need only write in rather than attend, since he can contribute nothing factual other than the airlines' refusal to cooperate, and a reiteration of the request that the costs of that hearing should be borne by the defendant whose conduct has necessitated this unnecessary step.

    All sounds a bit technical, but message me if you want to try this and I'll draft that bit if it helps.

    Blondemark thank you so much for your advice. i shall indeed message you.
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 352.9K Banking & Borrowing
  • 253.9K Reduce Debt & Boost Income
  • 454.7K Spending & Discounts
  • 246K Work, Benefits & Business
  • 602.1K Mortgages, Homes & Bills
  • 177.8K Life & Family
  • 259.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.