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Restarting a claim originally done via EU cross border procedure

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  • Restarting a claim originally done via EU cross border procedure

    Hiya LB.

    So, I started a claim against Vueling airlines years ago, using the cross border EU procedure, just before Brexit was ratified. They did not respond to the claim, instead returning it stating the forms were not in Spanish (which they actually were).

    It has taken my local court almost three years to arrange with me making an application for default as my argument is they had their chance to file a defence and failed. Been getting Spanish translations sorted out for the application, serving via foreign process section, etc etc.

    Anyway, interestingly, very recently Vueling finally started responding! Filed a defence to my claim and have taken on an English solicitor to deal with it.

    I'm just curious whether would be more sensible now to serve a new N1 particulars of claim on their English solicitor and ask the Judge to stay the cross border claim until this UK one is sorted out? Would that be 2nd bite of cherry? Or some other sort of conflict?
    Tags: None

  • #2
    You've started several threads on this, it's really unhelpful to start yet another thread.

    Comment


    • #3

      This is actually different from those other two. Different circumstances re: one is a EU cross border claim, the other would be a UK based claim.

      Comment


      • #4
        Originally posted by AshDunn View Post
        This is actually different from those other two. Different circumstances re: one is a EU cross border claim, the other would be a UK based claim.
        O.K., all I would say is that, both can be dealt with on one thread, we do that with debts. The person advising will no doubt be able to advise on both matters on the same thread.

        Comment


        • #5
          Originally posted by echat11 View Post

          O.K., all I would say is that, both can be dealt with on one thread, we do that with debts. The person advising will no doubt be able to advise on both matters on the same thread.
          IF you are looking for a fight just say. I will go home to get tooled up and meet you in Tesco car park.

          Comment


          • #6

            Comment


            • #7
              Why would you be thinking of amending your claim (because that is what serving new Particulars of Claim would be)?
              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
                Originally posted by AshDunn View Post

                IF you are looking for a fight just say. I will go home to get tooled up and meet you in Tesco car park.
                Wow, you are so scary, is that the best you can do. The thing is I don't need any tools.

                Comment


                • #9
                  Handbags, ladies.
                  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
                    Originally posted by atticus View Post
                    Handbags, ladies.
                    He's been given constructive advice, but thinks it's acceptable to do his Popeye routine.

                    Comment


                    • #11
                      I thought it was obvious it was a joke lol

                      Comment


                      • #12
                        Originally posted by AshDunn View Post
                        It would actually be the same claim,. just using a different legal route, I believe? Removes the need for Spanish translations and having to use the foreign process service every time we mail them?

                        Comment


                        • #13
                          Are the solicitors on the court record? If so, you can serve documents on them.
                          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


                          • #14
                            They are. Do you mean the cross border documents?

                            Comment


                            • #15
                              I was referring to any document that you may need to serve on the other party in the course of the proceedings.
                              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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