Is your case 'STAYED' in the court system?

razorsedge

benicetome wrote: »

2. By 4.00pm on 19 January 2015 the Claimant shall send to the court and to the Defendant a letter detailing exactly why the defence is alleged to be different to the defence in Huzar v Jet2.com limited so that the court can consider why it should not be struck out and judgement given for the Claimant.

Of course, if you do nothing, then by default (according to the strict wording of the Order) the Court will strike out the defence and 'judgement (will) be given for the Claimant' anyway.

Vauban

I think this is good news - they've just confused "claimant" and "defendant" as razorsedge said. I think it's almost all over for the airline, bar the shouting.

benicetome

razorsedge wrote: »

I susupect that the Thomson Airways CAP* department have trained your Court and the Court have comitted a few CAPE's here.

If you substitute the underlined italised words 'Claimant' & 'Defendant' as I have in your quote above then it makes much more sense. Might be worth phoning/writing to the Court to have them check and clarify the wording in your order as it makes no sense at all as written, and to re-issue it.

Thanks razorsedge.

Point taken. CAPES indeed :mad:.

The C C's should be taking more care when issuing such forms out.

The missus is on the case!

My wife (named Claimant) will be calling the C C first thing Monday morning stating the glaring and obvious mistakes out to them and requesting a re-issue of the order.

Vauban,

I hope you're right my friend. After eighteen months waiting it's high time it all came to an ending with the desired result.

Hopefully a out of court full settlement. I'm prepared to fight to the bitter end, but would rather it all be settled without having to prepare and go to court. This has taken enough time out of my life without having to spend even more time trying to get what I have always felt was rightfully due to myself and other members of my family....

COMPENSATION for the undue stress and total inconvenience caused by the Airline company in question for a 9 hour delayed flight which was no fault of my own, or other family members of our traveling party.

phritchie

Hi all,
After the dawson appeal outcome, Thomson settled our case back in November. I wrote to the court to inform them, but a couple of days later we got a letter from the court saying that they had reviewed the case (obviously before we settled, and without informing us!) and granted an extension to the stay to allow the parties to reach a settlement.
It said that to conclude the case first we would have to apply to lift the stay. However, we've already made settlement in full, so am I going to have to pay £80 myself for an Application just to lift the stay? Can I charge this back to the defendant? Is there a way round it, eg just write a letter to the court?
Thanks for your help again.

Vauban

I think you should give the court a quick ring, explain what happened, and ask for the easiest cost-free way to withdraw the claim.

NSS

Well, the date for our 'Case Conference' is now just a week away, and still not a dickie-bird from Thomson.

scorpioICE

Thomas Cook, Leeds, Stayed Nov 2013 pending due to Huzar. Court ordered TC to inform us when result was in. We haven't heard anything from TC but did read about an appeal by Jet2 through this site. I'm now writing a letter to TC and the court as not sure who will lift the stay.

JPears

You will need to request the stay lifted following Huzar/Supreme Court. Don't rely on TC to do it.

NoviceAngel

..... And just point out that Thomas Cook have failed to follow the orders of the court by not informing you of the outcome in the Huzar Supreme Court appeal

phritchie

phritchie wrote: »

Hi all,
After the dawson appeal outcome, Thomson settled our case back in November. I wrote to the court to inform them, but a couple of days later we got a letter from the court saying that they had reviewed the case (obviously before we settled, and without informing us!) and granted an extension to the stay to allow the parties to reach a settlement.
It said that to conclude the case first we would have to apply to lift the stay. However, we've already made settlement in full, so am I going to have to pay £80 myself for an Application just to lift the stay? Can I charge this back to the defendant? Is there a way round it, eg just write a letter to the court?
Thanks for your help again.

All sorted now, I rang the court and they got my letter and closed the case - just didn't bother to acknowledge it...