Is your case 'STAYED' in the court system?

mrtonygibson

I have today received a letter from District Judge Davies at Mansfield CC ordering that Bird and Bird confirm by 2pm on 17th December the anticipated time scale within which CJEU is expected to deliver its opinion in Van Der Lans v KLM. Anyone else had a similar response from there respective County Court? Any views on this?

DrA_Harrogate

mrtonygibson wrote: »

I have today received a letter from District Judge Davies at Mansfield CC ordering that Bird and Bird confirm by 2pm on 17th December the anticipated time scale within which CJEU is expected to deliver its opinion in Van Der Lans v KLM. Anyone else had a similar response from there respective County Court? Any views on this?

Most interesting - I had not thought of this as a response. I am still waiting for Harrogate Court to write to me.


AS

Vauban

mrtonygibson wrote: »

I have today received a letter from District Judge Davies at Mansfield CC ordering that Bird and Bird confirm by 2pm on 17th December the anticipated time scale within which CJEU is expected to deliver its opinion in Van Der Lans v KLM. Anyone else had a similar response from there respective County Court? Any views on this?

I think this is slightly worrying, as it implies that your Court think the VDL case is indeed germane - when it is not. All they are assessing is the likely timetable - about which I have no idea I'm afraid.

I read - on the Huzar thread - that you are reluctant to write to the Court to set out why you believe the case should not be stayed, but I'm not sure I understand why.

If your Court agrees the stay, I don't think this will necessarily get revisited if all the other courts choose not to stay - each case is determined by a Judge on its merits. So I can see no advantage - and some risk - in waiting to see how this plays out in other cases. Unless you are happy to see your claim stayed, you really do need to write to the Court without further delay.

LULU5779

Thomson, Brighton county court, ec won, stayed pending Dawson, wrote to judge requesting stay to be lift and compensation now to be paid.

mrtonygibson

The risk as I see it is that if I write to Mansfield CC to request the case proceed then Bird and Bird turn up mob handed or even cite the klm case, that I would be liable for their costs should something go in their favour, even if it is to get the case stayed. Obviously the judge has a view on this hence the wording in his letter. I am a total novice in these matters so that is why I would like to see the outcome of Bott and Co cases against Jet2 before deciding what to do. As yet I have not seen anyone get paid out by Jet2 and think it better to wait until there are cases won before deciding to write to the court.

batman44

mrtonygibson wrote: »

The risk as I see it is that if I write to Mansfield CC to request the case proceed then Bird and Bird turn up mob handed or even cite the klm case, that I would be liable for their costs should something go in their favour, even if it is to get the case stayed. Obviously the judge has a view on this hence the wording in his letter. I am a total novice in these matters so that is why I would like to see the outcome of Bott and Co cases against Jet2 before deciding what to do. As yet I have not seen anyone get paid out by Jet2 and think it better to wait until there are cases won before deciding to write to the court.

This has already been decided in the english court of law right to the top (SC) you do not need to wait for any other case or agree to stay. Search Huzar thread and you will find a letter to the courts objecting the stay for the KLM case put together by myself and Novice angel.

mrtonygibson

Where on thread is this letter as I am jumping betwee the two at present.

Vauban

mrtonygibson wrote: »

The risk as I see it is that if I write to Mansfield CC to request the case proceed then Bird and Bird turn up mob handed or even cite the klm case, that I would be liable for their costs should something go in their favour, even if it is to get the case stayed. Obviously the judge has a view on this hence the wording in his letter. I am a total novice in these matters so that is why I would like to see the outcome of Bott and Co cases against Jet2 before deciding what to do. As yet I have not seen anyone get paid out by Jet2 and think it better to wait until there are cases won before deciding to write to the court.

If the case proceeds, you are going to win in any case, for the reasons identified by Batman.

On the small claims track you are not liable for the others legal costs, except in the rare circumstances of unreasonable behaviour. As a matter of fact, I am unaware of a single claimant ever being asked to pay even the travel costs of the other side - including when they lost heavily in court.

So you really are not risking anything by pro-actively lodging your objection to a stay: I don't think anyone on here would disagree with this advice. But you can only do what you are comfortable with, and I wish you the best with it.

mrtonygibson

Thanks Vauban and though I understand your advice, you have hit the nail on the head when you say that it is how I feel comfortable to proceed that is important. There are four more weeks until this response is due and alot can happen in this time. Slowly and cautiously is my motto

batman44

mrtonygibson wrote: »

Where on thread is this letter as I am jumping betwee the two at present.

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.