Court Failure Thread

111KAB

JPears wrote: »

When I receive the written judgement it will certainly be getting a reply. Won't do any good, I don't even expect Judge to reply, except it will make me feel better:o

If you can be bothered I would suggest distributing the letter to a few on here such as Centipede, myself etc so we can all add to it so that you get a comprehensive well thought out response. I can, for example, refer to my Worcester Court case so your Judge can see the differences. As you say it will not help but it may assist the next person who sits before the same judge.

JPears

Centipede100 wrote: »

Should you wish to appeal (and I know you have said you don't) you only have a short time to be able to do so - 3 weeks I believe).

Presumably from the date I receive written confirmation from court that case is dismissed.

It wasn't really about the money although that could have bought me a few cases of 2010 Gigondas when I go to Frnce in a couple of months...
More the crap attitude and non-existant response from Jet2.
Jet2 were very clearly touchy about the age of the fleet to the point where the solictor requested my comment in witness statement be specifically be disregarded.
Interestingly although I requested quiite a bit of information from Jet2 in my Alocation Questionaire, NON of it was forthcoming and the Judge pulled a blank expression and disregarded it when I mentioned this, twice.
The more I think about, the more my considered letter to judge ain't gonn be complimentary in any way...

Mark2spark

I'm sorry to read that things didn't go your way JP.
Whilst the judge obviously wasn't as up to speed as KAB's, there's a hurdle in your case that's really hard to overcome, in that the fault occured *after* pushback, which technically makes it an in flight safety issue.

But IMO the best way to get your point across - denying Finnair more specifically - is to simply talk over the barristers, and just use a louder and louder voice until the judge tells you to shut up.
And then say that you thought LIP's had to be given extra consideration from the court. (whilst starting to sit down)
Just create as big a diversion as you can.

Best wishes,
Mark

Orange_Smartie

An Appeal of a decision on the small claims track is heard as a County Court Appeal by a more senior judge. You have to apply for leave to Appeal within 21 days of the judgement.

JPears

Mark2spark wrote: »

I'm sorry to read that things didn't go your way JP.
Whilst the judge obviously wasn't as up to speed as KAB's, there's a hurdle in your case that's really hard to overcome, in that the fault occured *after* pushback, which technically makes it an in flight safety issue.

But IMO the best way to get your point across - denying Finnair more specifically - is to simply talk over the barristers, and just use a louder and louder voice until the judge tells you to shut up.
And then say that you thought LIP's had to be given extra consideration from the court. (whilst starting to sit down)
Just create as big a diversion as you can.

Best wishes,
Mark

Yes I realise that now. I believe recent research has shown that those that keep on talking/talking even though what they are saying isn't necessarily correct or talking BS, win over those who maybe factually correct and in the right, but don't voice it as much. I leave you to make your decision as to which camp I was in....:o
Yes fault did occur on push back, but not on my flight. And surely this flight system which is involved in takeoff should have been checked before push back?
Its like me putting seat belt on after I set off in my car...
I wonder how many people realsie that your take off is almost entirely computer controlled? All the thrust. trim, flaps, rotation etc are programmed into the flight computer. It would seem pilots tend to fly the computer these days rather than actually directly controlling the aircraft.

JPears

Orange_Smartie wrote: »

An Appeal of a decision on the small claims track is heard as a County Court Appeal by a more senior judge. You have to apply for leave to Appeal within 21 days of the judgement.

Oh yerah orange Smarties yum yum. I am unlikely to appeal. That exposes me to a whole bundle of risk, costs, grief and expense.
Although there is the possibilty that as a higher court, it may set precedent. So far at Joe Public 15, Airlines 1, that isn't required.

stavros42

Maybe it's time for that precedent to be set and all the winning posters( or anybody else for that matter)can contribute to a fund to fight you're case. I for one would be willing to contribute to this, just an idea.

111KAB

stavros42 wrote: »

Maybe it's time for that precedent to be set and all the winning posters( or anybody else for that matter)can contribute to a fund to fight you're case. I for one would be willing to contribute to this, just an idea.

Seconded

stavros42

111KAB wrote: »

Seconded

Ill tell you one thing Jet2 would sh*te themselves when the court papers were served on them.

Mark2spark

Have a search through various legal firms in the City, you might get lucky and find an up and coming barrister keen to do some pro bono work in this field as it's a fairly new area of regulation.
A win on appeal would push a barrister up the pecking order of being 'pre eminent' (a dig at Thomson here lol) quite quickly