The Liverpool Allen case result:

kimberleyallen

Sorry, had to reply in my old account as this one won't let me post links. Just thought you might like to read this
http://www.bottonline.co.uk/latest-news/5-minutes-with-kim-allen

thomascrook123

So, we filed our claim against Thomas Cook in 2011 for a delay in that year. Been to court once and it was stayed due to Huzar. Following the Allen result we thought we would finally receive our compensation but received a letter from Liverpool today saying it's on hold due to the van der Lans case.... I thought the court would finally let us have our compensation now - I thought justice delayed is justice denied...................:mad:

Vauban

thomascrook123 wrote: »

So, we filed our claim against Thomas Cook in 2011 for a delay in that year. Been to court once and it was stayed due to Huzar. Following the Allen result we thought we would finally receive our compensation but received a letter from Liverpool today saying it's on hold due to the van der Lans case.... I thought the court would finally let us have our compensation now - I thought justice delayed is justice denied...................:mad:

That's very odd - have you written to them with a copy of the Allen judgement?

NoviceAngel

Vauban wrote: »

That's very odd - have you written to them with a copy of the Allen judgement?

Some small local Court perhaps at the other end of England, that is not fully aware of the Allen case result, I'm guessing. Which Court was it thomascrook123?

Like Vauban says, you really need to appeal the further stay enclosing the Allen Judgement.


EDIT :- what a silly question to ask you did say the Court was LIVERPOOL !!

thomascrook123

I didn't include the Allen judgement but I did refer to the outcome of the case in my last letter to the court asking for judgement.

thomascrook123

It was Liverpool!!!

NoviceAngel

thomascrook123 wrote: »

It was Liverpool!!!

Well something is very wrong :mad:, Just appeal and you will get the stay lifted.

thomascrook123

OK, so the actual wording of my court letter is: -

Upon the Defendant having issued a formal application in claim no. xxxxx in the County Court at Liverpool to stay similar claims pending the outcome of the preliminary reference to the Court of Justice of the European Union in the matter of C, van der Lans v ....

and upon the defendant requesting that this claim be stayed on the grounds raised in the pending application in xxxxx

... it is ordered that this claim is stayed pending determination of the Defendant's above application in claim no. xxxxx or further order.

--> I take it to mean that my claim is stayed because Thomas Cook have made a joint application to stay a number of claims as they are similar to van der Lans (mine included, there's about 5 others on the list).

So you think I should appeal the stay still? Is there a form to fill in for this or do I just write a letter and include the Allen judgement? Do you know where I can get a copy of the Allen judgement from?

NoviceAngel

Edit the claim number out m8

NoviceAngel

The Judgement is here:- http://www.scribd.com/doc/257008909/Allen-v-Jet2

The Order from the Judge, should state how you can appeal his/her decision.. If it doesn't telephone the Court, and ask how and which form to fill in to appeal the decision. It may be that you have to apply for a set-aside, but you will need guidance from the Courts on procedure.