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Taking The Airlines To Court

edited 11 March 2014 at 8:42AM in Flight Delay Compensation
532 replies 69.2K views
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Replies

  • VaubanVauban Forumite
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    It damages their credibility, and the judge will expect to see them evidence their assertions I imagine. But it won't change the fundamentals of the claim.
  • My niece and her boyfriend incurred a flight delay six months ago on a longhaul flight. She has exchanged several letters with Thomson - all of which I have written for her, but in her name.

    Thomson are quoting exceptional circumstances and I (she) has submitted the NBA letter which has not been replied to as yet (two months ago).

    I am about to submit to small claims using the N1 form (as there are two claimants), but I have some questions about the process which others will know.

    My niece is only 18 and the thought of court petrifies her - I would like to attend the court with her and I would also like to raise the court claim on her behalf as well.

    Can I represent my niece in court, presenting the case and do all the talking? My niece (and boyfriend) would have no problem coming along to court - but won't want to say anything.

    How do I file the N1 form? Can I submit on behalf of them or do I write it for them as if they were writing it?

    If the claim is in their own names (and doesn't mention me) does that preclude me from representing them in any court hearing?

    Thanks in advance for any advice.
  • David_eDavid_e Forumite
    1.5K posts
    MoneyGeek wrote: »
    Thomson are quoting exceptional circumstances and I (she) has submitted the NBA letter which has not been replied to as yet (two months ago).

    I thin HHJ Platts mistakenly uses "exceptional" a couple of times in his ruling but it should be "exraordinary".
    MoneyGeek wrote: »
    Can I represent my niece in court, presenting the case and do all the talking? My niece (and boyfriend) would have no problem coming along to court - but won't want to say anything.

    Google is your friend: https://www.gov.uk/make-court-claim-for-money/going-to-court
    MoneyGeek wrote: »
    How do I file the N1 form? Can I submit on behalf of them or do I write it for them as if they were writing it?

    I assume there isn't an "on behalf of" option on the form. (A minor claims in their own name but via a "litigation friend".)
  • David_e wrote: »
    I assume there isn't an "on behalf of" option on the form. (A minor claims in their own name but via a "litigation friend".)

    So to be clear on the style of language used on the claim should the particulars say:

    1. "We were delayed..." and I sign as litigation friend.
    2. "The claimants were delayed..." and I sign as a litigation friend.
    3. "We were delayed..." and my niece signs but I turn up on the day in court to act as a litigation friend unannounced.

    :)
  • David_eDavid_e Forumite
    1.5K posts
    MoneyGeek wrote: »
    So to be clear on the style of language used on the claim should the particulars say:

    1. "We were delayed..." and I sign as litigation friend.
    2. "The claimants were delayed..." and I sign as a litigation friend.
    3. "We were delayed..." and my niece signs but I turn up on the day in court to act as a litigation friend unannounced.

    :)

    You said your niece is 18 so she isn't a legal minor. It's her claim so in her name but, as noted, it appears you can speak for her in court. Paperwork can be prepared by anyone but she'll neeed to sign it. Might be useful to have something in writing between you setting out your role. You don't want it turning into family feud if something goes wrong. I'm assuming that (like me) you are not legally qualified.
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  • legal_magpielegal_magpie Forumite
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    This isn't entirely correct. Is your niece's boyfriend also making a claim? If so, and assuming that he is also over 18, the Claim should be prepared in their names either referring to them separately as (e.g.) Trevor Howard (first Claimant) and Celia Johnson (second claimant) or (better in my view) "Trevor Howard and Celia Johnson (Claimants). If you use the second option you simply double the claim and set it out as follows:

    Compensation pursuant to EU Regulation EC261/2004 namely (e.g) XX Euros amounting to £ sterling as at (the date of the claim).

    Although you can, of course, help them, you don't come into the picture at all. Your name shouldn't appear on the Court papers (unless you are a solicitor). You can attend any court hearings as a lay representative so long as your niece and boyfriend are also there.
    Hope this helps
  • Mark2sparkMark2spark Forumite
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    MoneyGeek wrote: »
    Can I represent my niece in court, presenting the case and do all the talking? My niece (and boyfriend) would have no problem coming along to court - but won't want to say anything.

    No, not unless you are legally qualified, and have earned the 'right of audience'.

    In some cases, known as FDR (Financial Dispute Resolution) - which are 'without prejudice' hearings - a judge may allow a mackensie friend to speak on behalf of the party he/she is helping. But that's about it.
  • legal_magpielegal_magpie Forumite
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    Sorry but the above isn't quite right. In small claims hearings you can appoint a lay representative who can speak for you. We aren't talking rights of audience here.
  • Just a bit of advice from pleadings that I have seen. On occasion we are approached by people who have commenced proceedings themselves who then want us to take over at defence stage.

    Make sure you plead your case properly - correctly identify the defendant and give them their proper title. The amount of times we see things like TUI UK or Thomas Cook is baffling - if you don't correctly identify the defendant, even if you are succesful then your judgment is likely unenforceable.

    It really is worth taking the time to get stuff like this right.

    I did put the wrong defendant name down on my form but the TC defence did not contest, i used the change form and paid the £45 to put the correct name without re issue. It can be very confusing as the companies involved don't make it easy as they trade under all sorts of names and contact you under various names. Thomas Cook, Airtours, Thomas Cook Group, Thomson, TUI, Thomson Group, TUI Group. I suppose when it comes down to it the can be smart about it, my own thinking is that they are all part of the same company, same pot so to speak so it should not matter.
    Check out Vaubans Flight Delay Guide, you will be glad you did....:):):)
    Thomas Cook Claim - Settled Monarch Claim - Settled
  • Mark2sparkMark2spark Forumite
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    Sorry but the above isn't quite right. In small claims hearings you can appoint a lay representative who can speak for you. We aren't talking rights of audience here.

    Thanks for the correction legal magpie :T
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