Taking the Court to Court?

[andrew2332]

So I had a case – open and shut – against an airline, re: the recent delayed flight compensation EU ruling. It was worth £300.

I was pushing it through the Small Claims Court, the case was allocated to the small claims track, ready to go to trial, but then the case was struck out due to errors by Court staff – which I had to complain about.

Went all the way to the complaints department in London, the Petty France office, where they accepted the Court was in error, and offered me £130 - £50 for the inconvenience, and £80 for the application fee to ask for the case to be reinstated.

So I told the person there that even if they could guarantee my application for reinstatement would be successful, I was now not in the country for a final hearing – this all happened six months ago. I asked for guarantees that the application for reinstatement would be successful, and also that the Court would wait a year for the final hearing to be scheduled.

Neither thing was guaranteed. In the circumstances the complaints department told me I could go the Parliamentary Ombudsman instead.

But their offer letter is headed WITHOUT PREJUDICE.

Can I sue the Court staff/department in the small claims instead, and threaten to do so?

[andrew2332]

Re: Taking the Court to Court?

BUMP

[andrew2332]

Re: Taking the Court to Court?

BUMP BUMP

[enquirer]

Re: Taking the Court to Court?

The court service cannot guarantee that the application for reinstatement would be successful, although it is very likely that it would be. Even if they wanted to, they are unable to fix hearing dates in the manner that you suggest.

That they have headed their letter Without Prejudice means that they are playing safe. In reality, if the judge thinks it appropriate, he or she will look at the correspondence.

The Ombudsman may look at all correspondence.

You can certainly threaten to sue them. They would offer in their defence the fact that you have been offered compensation and a free ride. You have responded by refusing their offer.

You appear to suggest that your original opportunity was lost because of their error, and that since you are now out of the country (and they won't fix a date in 12 months), the opportunity is lost for good. You have therefore lost £300.

However, this presupposes that your claim would be successful. In reality, you don't know this, so there is no loss. All you have lost is time and the original application fee. Both of these they have offered to make good.

As it stands, it is difficult to see a successful claim, or a successful complaint to the Ombudsman.

Your only recourse is to refile the original claim against the airline and either return for the hearing (you could try to claim for doing so, but the court might think this a bridge too far), or have it heard in your absence.

Alternatively, let it go. Take the money (ask them to up their offer - £100 for the inconvenience doesn't seem unreasonable. The £80 refund is in addition), and accept the apology. Given your circumstances, and looking at it as a simple business proposition, this might be the most sensible course.