Refused boarding by Ryanair - MCOL - sorry it's long!

[refusedboarding]

So they want me to withdraw my claim? The travel costs are £60 for the Barrister but we know there is a rail strike on Friday so how they plan to get from London to Pembrokeshire on 60 quid is beyond me! I will be in court at 10am on Friday!

[BazzaS]

You’d only be liable for (limited) costs if you lose.

Sending a barrister from a way away for a £700 claim: disproportionate, so even if you lose the judge should ridicule any attempt to recover those costs.

[refusedboarding]

OK well hopefully I will be back here on Friday evening with an update - if not before!

[FTMDave]

Any update?

[refusedboarding]

Update

They attended court and their entire defence was based on the fact that it is my (then) 13 year old daughter who should have brought the claim and then I should have litigated on her behalf and I therefore acted unreasonably in bringinb the claim.

 

The judge and the defending barrister both agreed the evidence I presented clearly showed that I was right in my argument and that the timeline was in fact 72 hours but, their argument re my daughter being the claimant was an issue. The judge actually said I was "scrupulous" in my approach to the claim.

 

Based on the point of law they used and the fact that aviation law apparently ousts contractual law, the judge said he had no choice but to  dismiss the case and he immediately refused the defence's request for costs, which they claimed they were entitled to due to my acting unreasonably.

 

In all honesty, we didn't win but we definitely weren't the biggest loser on the day. The judge suggested we might consider bringing the claim again but in my daughters name. 

 

The most ironic part was that the judge was a pilot so there was definitely no throwing technical airline/aviation jargon around to confuse me, he explained everything clearly and kindly!

 

We had kissed goodbye to our £££ last September so we're only worse off by thd hearing fee and it was worth it to see them walk out empty handed!!

[honeybee13]

I'm sorry to hear that. Thank you for letting us know though.

 

How do you feel about doing this all again?

 

HB

[refusedboarding]

I'm not sure, part of me says "hell yeah, let's dot it!" but the other part knows how much work it was PLUS there's a chance it might get allocated to their local court which, incidentally,  I was quite surprised it was allocated locally to me!

[honeybee13]

I can understand that. It's early days, you don't need to decide straight away, do you?

 

HB

[refusedboarding]

No we have 6 years to make a claim, we'll 5 now as it's from the date when shexwas denied boarding

[BazzaS]

Totally your call on re-issuing, but:

a) as a self-represented litigant against a large business : will almost certainly be allocated to your local county court, not theirs

b) it is a lot of work, but you’ve done most of it already, so will it be the same amount on a repeat claim?

 

Would a low risk approach be worth sending them a repeat Letter of claim (on your daughter’s behalf) and seeing if they fold based on them having seen the strength of the original claim (with the technicality of the claimant resolved)?

[Kyosanto]

Defering responsibility to a child to dodge liability, deliberately keeping their cards close to their chest until the very last minute, shows you what kind of games they play. Disgusting games.

 

Congratulations on holding strong and not losing! Cheering for you if you take it to round 2  

[refusedboarding]

I like the idea of a letter before action type approach... think I'll try that!

 

[FTMDave]

I agree with Bazza and Kyosanto.

 

This is hassle you don't need but really you've already put all the hard work in, your case is complete.

 

In fact they have admitted in open court "the defending barrister agreed the evidence I presented clearly showed that I was right in my argument and that the timeline was in fact 72 hours".

 

I'm surprised the judge didn't disallow the argument about your daughter.  The parties are not supposed to ambush the other side with last-minute arguments.

 

Please post up a draft Letter of Claim/Letter Before Action.  Include the part that they have admitted in open court that you were right in your argument.

 

If they have any sense they will fold and pay up instantly, but never underestimate the arrogance of these companies to have to always be in the right.