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chickennugget wrote: »
Hi everyone - can anyone help me, please?
Last June, four of us were delayed on a Ryanair flight by more than 5 hours coming back to the UK, with Ryanair saying the delay was caused by an 'unexpected aircraft safety/technical problem (extraordinary circumstances)'.
After many requests for Ryanair to give me details of these extraordinary circumstances they refused, so I took them to the small claims court in Dublin (I filed in Ireland because at the time there was the 'stay' on the Sturgeon case in England and Wales).
The hearing was finally scheduled for last week and the ruling was upheld in my favour on the basis that there was indeed a technical fault that Ryanair could have taken reasonable measures to prevent. We were awarded 1000 euros altogether. During the hearing, I finally found out what the technical problem was - a sensor on the plane. I did not require any legal representation or formal advice to achieve this judgment.
However, yesterday I received a Notice of Appeal from Ryanair's solicitors. It says: "With regard to the basis upon which the District Judge arrived at his decision, we have been instructed by our clinets to appeal the whole of his judgment to the Circuit Court in Dublin."
So can anyone help me with these questions, bearing in mind I'm talking about Ireland here so there may be different rules?
1. I thought appeals were granted only if there was an error in the legal sense or a serious irregularity in the court proceedings. Does this notice mean an appeal is a foregone conclusion?
2. If the appeal were to be allowed, how do I get details of Ryanair’s reason for appealing?
3. Does anyone know if the Circuit Court judge will conduct a full re-hearing or if the appeal is purely based on a review of the District Court judge’s interpretation of the evidence? I have seen both scenarios stated online.
4. If I decide not to attend the appeal, will this prejudice my case? Do I have to attend? If not, can I provide a written submission? By the way, I was told by the clerk of the (District/small claims) court in Dublin before the original hearing last week that I had to attend in person, so it's not the same as in the UK when I think you can nominate someone else? Is this the same for appeals?
5. Does anyone know what costs may be involved, e.g. am I liable for any costs if I lose the appeal and can I claim further costs (such as travel) if I win?
Ideas anyone? Thanks for your help, Centipede.
panasonic1977 wrote: »
Any help would be great as I am one of those people who likes to see things out until the end.
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