Monarch STAY letter to the Courts.

Flightclaim

Thank you to the person that gave me this letter. Very similar to Jet2 throughout, NO reference to Van der Lans. Goes over the history of why cases are currently stayed, we pick it up at point no:4

Date : Early November 2014


We therefore respectfully request that the Court continues the stay of these proceedings for 3 months from the date of this letter in order that a full review can be undertaken and where appropriate we may explore settlement so as to avoid potentially wasting the Court and parties’ time and money. We are seeking this continued stay with the overriding objective in mind, pursuant to CRP r 1.1. In support of our request we respectfully refer the Court the the following matters:


a. The Court has the power to order a stay pursuant to CPR r 3.1(2)(f)

b. The Claimant will not suffer any real prejudice by a continuation of the stay. The nature of the “compensation” is such that it is not truly compensatory for a loss but is a fixed sum which amounts to an unexpected benefit. In any event, interest will continue to run on any damages to which the Claimant is entitled therefore at most the Claimant will only suffer inconvenience.

c. We have in excess of 900 individual claims to review at various Courts across the country to manage which we wish to deal with fairly and expeditiously without excess cost of having this many claims active in the Court.

d. The continuation of the stay will save the Court time and both parties’ time and costs, in accordance with the Overriding Objective.

We ask that this question of a continued stay be dealt with before any other further proceedings or directions are Ordered in this case. If the Court would prefer, we will issue a composite application in relation to the claims so that the matter can be dealt with orally however we submit that such an application is not necessary and will increase costs unnecessarily.


We look forward to hearing from you at your earliest convenience.


Yours sincerely,






Legal Department
Monarch Airlines Limited

JPears

In other words,
"like running our airline, we are totally unprepared.
Despite knowing that we had 900+ cases stayed over the past 12 months we have taken no measures to prevent or deal with the backlog/delays, similar to the management of our airline."

NoviceAngel

Thanks for that m8, do you think they read J2's letter ? LOL I think deux Oiseaux should have them for plagiarism.

Notice the 'unexpected benefit' disgraceful - They now have over 900 cases that they have asked the Court to Stay now - because of the decision of the Supreme Court they 'unexpectedly' need three months to sort things !