Small claims court against airline - question

Crux_2

Hello,

I have a question, because I'm puzzled by the Small Claim process and I don't know if I've done something wrong.

A well known airline cancelled our flight, and we had to wait days for the replacement flight.

After a lot of letters, asking for compensation, which weren't answered, I started a Small Claim with the court. When I did this, I forgot to mention the booking number and flight number. I just provided the day and my name.

This happened because the box on the form is very small, and I thought there would be an opportunity to add details and evidence later. However, it turned out, the small text box in the beginning was the "Particulars of claim".

In the defence, the airline mentioned the missing details, so I wrote a reply to the defence, which contained all relevant information, including copies of the boarding passes etc.. The letter was sent signed for to the airline and the court, so I know it was received.

Now the date of the hearing is approaching, and the airline says that they demanded a amendment of the particular of claim (this costs money), and they ask the court to dismiss the claim, because these details are missing in the particulars of claim.

Is this a valid defence, can the case be dismissed on these grounds?

I hope here is someone who probably has more experience with courts than me, it's my first court case.

Thanks,
Kay

swingaloo

Did you follow the complaints procedure fully and correctly before starting a court case?

Crux_2

swingaloo said:

Did you follow the complaints procedure fully and correctly before starting a court case?

Yes, I even had lawyers doing this for me. I did the Small Claims Court on my own, though.

eskbanker

Crux_2 said:

swingaloo said:

Did you follow the complaints procedure fully and correctly before starting a court case?

Yes, I even had lawyers doing this for me. I did the Small Claims Court on my own, though.

Sounds the wrong way round to have legal assistance for a complaint and then not to have this for legal action, although the small claims process is intended to be simple and easily navigable without needing lawyers - do you still have access to them for ad hoc enquiries or support?

I'm not familiar enough with the process to offer informed guidance but would suspect (and hope!) that the airline's attempt to get the claim dismissed on a narrow technicality would fail, and that it's just intended to intimidate....

Crux_2

eskbanker said:

Crux_2 said:

swingaloo said:

Did you follow the complaints procedure fully and correctly before starting a court case?

Yes, I even had lawyers doing this for me. I did the Small Claims Court on my own, though.

Sounds the wrong way round to have legal assistance for a complaint and then not to have this for legal action, although the small claims process is intended to be simple and easily navigable without needing lawyers - do you still have access to them for ad hoc enquiries or support?

I'm not familiar enough with the process to offer informed guidance but would suspect (and hope!) that the airline's attempt to get the claim dismissed on a narrow technicality would fail, and that it's just intended to intimidate....

My legal insurance didn't cover the small claims court.