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Hello,
really hoping I can get some help and advice. I'll post the situation then the question - but any advice appreciated.
I am taking a large package holiday provider to court for a flight diversion resulting in a 24 hour delay. This was caused due to excessive serving of alcohol to a passenger resulting in a diversion. I have collected witness statements from numerous passengers testifying the same. ec/261 refused and all complaints refused. Claim is for under £1,500.
I have launched small claims proceedings. During the earlier stages the solicitors for the company informally 'requested' two amendments i.e. not yet directed to change by court.
Firstly - change the name of the defendant to the name of the airline. We are claiming under ec261 for flight delay but also separately for 24 hours lost of package resort facilities and time (we booked a package)
Secondly - add the name of the second passenger = two claimants not one.
However - during the process of sending the Directions Questionnaire the company failed to file by the required deadline. They also failed to file be the second deadline given by the court - whereby a judgment could be requested.
We requested judgment as per the process - however they have contacted to suggest (strongly) we should give them consent to reinstate defense and set aside judgment, otherwise you might incur costs. they have filed an n244 claiming two admin errors causing the missed deadline.
here are my questions:
If our contract was with the travel company - not the airline - and we are claiming for ec261 and package - should the package provider be the defendant rather than the airline.
Are we wrong not to provide consent to set-aside judgment or consent to reinstate defense. Surely this is court process and not unreasonable?
If their application (n244) is successful can can they apply for a cost order. is this likely?
Can we contest their application for relief for sanctions? If so is this wise or would this be considered unreasonable by the court?
If we can contest the application do we get requested to submit evidence and/or attend hearing?
Is their relief from sanctions request likely to succeed? is it common for a judge to grant this based on 'admin errors' by the relevant solicitors?
Lot's of questions but I've tried to keep brief. Hopefully someone can help. I am mostly trying to get to grips with the issues around whether we 'should' give consent to set aside judgment. Or whether that is unreasonable.
Thank you.
really hoping I can get some help and advice. I'll post the situation then the question - but any advice appreciated.
I am taking a large package holiday provider to court for a flight diversion resulting in a 24 hour delay. This was caused due to excessive serving of alcohol to a passenger resulting in a diversion. I have collected witness statements from numerous passengers testifying the same. ec/261 refused and all complaints refused. Claim is for under £1,500.
I have launched small claims proceedings. During the earlier stages the solicitors for the company informally 'requested' two amendments i.e. not yet directed to change by court.
Firstly - change the name of the defendant to the name of the airline. We are claiming under ec261 for flight delay but also separately for 24 hours lost of package resort facilities and time (we booked a package)
Secondly - add the name of the second passenger = two claimants not one.
However - during the process of sending the Directions Questionnaire the company failed to file by the required deadline. They also failed to file be the second deadline given by the court - whereby a judgment could be requested.
We requested judgment as per the process - however they have contacted to suggest (strongly) we should give them consent to reinstate defense and set aside judgment, otherwise you might incur costs. they have filed an n244 claiming two admin errors causing the missed deadline.
here are my questions:
If our contract was with the travel company - not the airline - and we are claiming for ec261 and package - should the package provider be the defendant rather than the airline.
Are we wrong not to provide consent to set-aside judgment or consent to reinstate defense. Surely this is court process and not unreasonable?
If their application (n244) is successful can can they apply for a cost order. is this likely?
Can we contest their application for relief for sanctions? If so is this wise or would this be considered unreasonable by the court?
If we can contest the application do we get requested to submit evidence and/or attend hearing?
Is their relief from sanctions request likely to succeed? is it common for a judge to grant this based on 'admin errors' by the relevant solicitors?
Lot's of questions but I've tried to keep brief. Hopefully someone can help. I am mostly trying to get to grips with the issues around whether we 'should' give consent to set aside judgment. Or whether that is unreasonable.
Thank you.
