Is your case 'STAYED' in the court system?

NoviceAngel

HELP Please!

I can tell you that my case against Jet2.com is currently 'stayed' in Leeds County Court, and I'm waiting for a decision by the Court to decide if it should continue to be 'stayed' pending the Van der Lans V KLM Amsterdam case.

I'm not aware of that many cases currently 'stayed'.

This is where YOU could help.

If your case against any airline is currently 'stayed' please post the info in one single line as follows:- Name of Airline, Location of Case (Court name,County) and Current legal position. To answer a PM openly - It doesn't matter if your case is in the hands of a NWNF solicitor or not, it's the number of cases that is interesting to me and hopefully others.

Only give the location of the case that you are comfortable with - even just County level would be fine.

This I hope, will be interesting to all to see the numbers involved and which airlines are the major culprits of our misery!

Even if you've never posted before and just pop in to read the posts, I'd ask you please to give a single post if you can help shed some light on this.

I'll endeavour to keep this post updated with results:

Below are the number of cases known to be 'stayed' by forumites on MSE

Jet2 ..............4 Cases in Yorkshire (1 now lifted)
Jet2...............1 Case in Nottinghamshire

Thomas Cook . 3 Cases in Yorkshire
Thomas Cook . 1 Case in Hampshire
Thomas Cook . 2 Cases in Greater Manchester
Thomas Cook . 1 Case in Middlesex
Thomas Cook . 1 Case in Staffordshire

Thomson.........1 Case in Hampshire
Thomson.........2 Cases in Devon
Thomson.........1 Case in Dorset
Thomson.........3 Cases in Lancashire
Thomson.........1 Case in Gloucestershire
Thomson.........1 Case in Cornwall
Thomson.........1 Case in Staffordshire
Thomson.........1 Case in Surrey
Thomson.........1 Case in Sussex
Thomson.........1 Case in Northamptonshire

Monarch..........1 Case in Suffolk

Vauban wrote: »

Apologies for duplicate posting (this is also on the Huzar thread) but for those applying to have stays overturned, you might find it useful to include this document from the Supreme Court. It doesn't add to what is in the public domain, but I think the seal adds quite a bit of gravitas!

https://www.dropbox.com/s/f8b69w397rsab5u/Supreme%20Court%20Huzar%20Dawson.pdf?dl=0

(Many thanks to Bott and Co for making this available to share with you all.)

also see Huzar thread because Jet2 made reference to the Van der Lans case in their appeal to the SC and the SC REJECTED IT!

Suggestions for your refusal of a further stay, below

batman44 wrote: »

You will find the original letter by Noviceangel here-
http://forums.moneysavingexpert.com/showpost.php?p=66958163&postcount=706
then you can see the response from me a few posts on next page here-
http://forums.moneysavingexpert.com/showpost.php?p=66977530&postcount=724
You will need to edit before you send and take out the refs or just use the original letter.

and also..........

SEW56 wrote: »

My letter... with one or two personal bits removed. I kept and have kept things very simple!

[FONT=Times New Roman, serif]I am requesting that the stay be removed and the court process recommenced following appeal and Supreme Court judgements and failure of Thomson Airways to respond to my case.[/FONT]
[FONT=Times New Roman, serif]This case was stayed pending two appeals, Huzar vs Jet Airways and Dawson vs Thomson airways. Both appeals failed. The right to appeal further was refused. The stay was then maintained following a request by the defendant to wait for the outcome of a representation to the Supreme Court. On 31st October the Supreme Court declined to hear either appeal and stated that the original judgements stand.[/FONT]
[FONT=Times New Roman, serif]A quote from the judgement: "The Court ordered that permission to appeal be refused in Thomson because the application does not raise an arguable point of law; [and] permission to appeal be refused in Jet2.com because the application does not raise a point of law of general public importance and, in relation to the point of European Union law said to be raised by or in response to the application, it is not necessary to request the Court of Justice to give any ruling, because the Court's existing jurisprudence already provides sufficient answer." [/FONT]
[FONT=Times New Roman, serif]The law is now clear: Claimants have 6 years and not 2 to bring their claim and technical faults can not be deemed extraordinary. [/FONT]
[FONT=Times New Roman, serif]Please can the appointed judge now remove the stay and order the defendant back to court at as early a date as possible to try to conclude this matter as it appears this will be the only way to obtain a response.[/FONT]

NoviceAngel

Jet2 Leeds, West Yorkshire, case stayed pending Huzar appeal to SC

HellyB

NoviceAngel wrote: »

HELP Please!

I can tell you that my case against Jet2.com is currently 'stayed' in Leeds County Court, and I'm waiting for a decision by the Court to decide if it should continue to be 'stayed' pending the Van der Lans V KLM Amsterdam case.

I'm not aware of that many cases currently 'stayed'.

This is where YOU could help.

If your case against any airline is currently 'stayed' please post the info in one single line as follows:- Name of Airline, Location of Case (Court name,County) and Current legal position. To answer a PM openly - It doesn't matter if your case is in the hands of a NWNF solicitor or not, it's the number of cases that is interesting to me and hopefully others.

Only give the location of the case that you are comfortable with - even just County level would be fine.

This I hope, will be interesting to all to see the numbers involved and which airlines are the major culprits of our misery!

Even if you've never posted before and just pop in to read the posts, I'd ask you please to give a single post if you can help shed some light on this.

I'll endeavour to keep this post updated with results:

Below are the number of cases known to be 'stayed' by forumites on MSE

Jet2 .......... 1 Case in Yorkshire

TC Leeds County Court

NSS

Thomson, Portsmouth County Court, stayed pending Dawson

glentoran99

I know of one in weston super mare for monarch, Pending Huzar, not me but its my flight

Tigger74_2

Thomson, Plymouth County Court,Stayed

NoviceAngel

glentoran99 wrote: »

I know of one in weston super mare for monarch, Pending Huzar, not me but its my flight

I know of a couple that haven't posted here too. But I'm not going to add them till they do!

PS If it's also your flight get a claim in m8

Jadeybaby21

Thomas cook, Southampton county court, Hampshire. Was stayed pending the result of Huzar. I am currently waiting for the judge to decide on what to do next...

Moneyedout

Thomson Airways.Exeter.Devon. Was stayed pending Dawson's

retatco

Thomson-Bournemouth & Poole CC requested stay be lifted, no reply yet.

batman44

TC have confirmed stay to be lifted and proceed to trial Manchester County court