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Taking an airline to Court...

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  • Taking an airline to Court...

    They lost my bag, a few years back.

    They are an international airline and I flew Japan to USA. But suing their UK operation as I am a UK citizen.

    Luggage office was not even open in USA airport. Called them and emailed them over the following few days trying to find my bag. No help whatsoever.

    Went back to the airport to try to get a luggage report. Would not allow me in the carousel place. This was done within the first week of the bag going missing.

    Pursued them on average twice a year for four years, always ignored. Apart from the first time when they said I did not report the missing luggage within one week so I had no claim. I tried to make a claim for the cost of the luggage after first three months. Same response. I pleaded my case, pointing out that they had not helped me from start to finish. No help, and no sympathy.

    Started my claim this year. Their defence was a meagre two paragraphs, from their luggage people in the UK.

    Then they missed the deadline for witness statement submissions. Said they had not received any final hearing notice. I twice asked them where their evidence was, having sent mine.

    Then they made an application for leave to submit their evidence at a later date, after receiving a copy of the hearing notice that I had to have the Court send them (again) myself.

    Their solicitor, recently hired, asks leave to amend their defence as it a 'complete defence' and states that, as I failed to report the luggage loss within 7 days, or make a claim within 2 years (as per Montreal convention), my claim must fail.

    So, the final hearing is next Wednesday. Application hearing is Monday.

    Thoughts?






    Tags: None

  • #2
    You need to check this Montreal Convention. This is not my area, but I do know that international agreements imposecshorter time limits on claims relating to international travel. Make sure that you know of any arguments that may be available to you on this.
    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


    • #3
      https://www.legislation.gov.uk/uksi/...chedule/1/made

      Comment


      • #4
        look at Articles 31 and 35.
        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
          What can I say about the fact they want to change their defence two days before the final hearing and also leave to file submissions later? Because they're basically asking for an adjournment - will a Judge allow this to happen if I do oppose? Seems a bit ludicrous so late in the day.

          Comment


          • #6
            Anyone? Hearing is at 12:30

            Comment


            • #7
              You can say that you have not had enough time to prepare. That said, your previous thread suggests that you were aware of it by 28 May.
              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


              • #8
                But there was only an application hearing sent last Thursday!

                Comment


                • #9
                  OK. Good luck.
                  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


                  • #10
                    Not enough time to prepare would be said for 1) more time to prepare, or 2) not allowing their defence or submissions?

                    Comment


                    • #11
                      Went well

                      Comment


                      • #12
                        In what way? What is the outcome?
                        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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