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Is this considered a second bit of the cherry?

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  • Is this considered a second bit of the cherry?

    Hi, so I am taking Easyjet to court for a delayed flight they refuse to compensate, as is their standard procedure. I accidentally cited the EU regulations in my claim, and the judge dismissed it and said "no legal basis for claim is given in the particulars".

    I needed to cite the UK regulations, my mistake, so if I started a new claim, and used them for legal basis, would this be considered second bite of the cherry? Application would be more expensive, and as the claim was dismissed based on the wrong law, I wonder if the claim with UK law mentioned is not a second bite of the cherry?
    Tags: None

  • #2
    Anyone know? I read that only if the claim was previously dismissed because it was considered vexatious would it be classed as second bite of the cherry.

    Comment


    • #3
      atticus may know?

      Comment


      • #4
        At what stage in the process was the case dismissed?
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment


        • #5
          oh, I see the OP has this running on2 different threads.
          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

          Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

          Comment

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