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Old 14th Mar 2010, 12:02
  #29 (permalink)  
cockney steve
 
Join Date: Jan 2008
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To expand slightly on the Court issue.

The plaint-fee is on a sliding scale, geared to the value of the claim.
IIRC, the upper claim limit is £2,000 for the small-claims hearings.

The plaint fee is automatically added to the claim (only reimbursed if the plaintiff wins)

In certain circumstances, a Professional Report fee is allowable , up to ~£150

(in this instance, it would be something like a despatcher's report confirming that Wx was nit the reason for cancellation, IE confirming the numbers leaving/arriving before and after the cancelled slot within say a couple of hours Maybe a copy of the NOTAM for the period (together with a layman's translation) (charge photocopies against expenses)

Re- the "move the hearing" trick.....the defendant cops for the bill if they lose.

My last plaint was against a motor-trader...he moved the local (to me) hearing to his local town . spent a lot of money on solicitor's letters trying to refute the claim and intimidate me.......all money down the drain....he lost...claim in full, travelling and lost income to attend court 40 miles from home, plaint fee and professional report fee. This brings us to the next point.

The judge is a lay person. Make your documents easy to understand, enlarge and use a highlighter if needed.

You do NOT need "absolute proof"....in a Civil case, the judge decides on "the balance of probabilities" -Or to put it bluntly, who is the most credible.

Legal representation will not go down well in this sort of court....they don't like bullying and intimidation and those costs are NOT allowable

I cannot guarantee the above is 100% accurate,but have had several happy experiences over the years.

State the facts clearly and go for it!-Oh,-and don't forget that their bean-counters will have a big say as to wether you get "hush-money" or the case becomes Public Domain in the National press and opens the floodgates.

to close.....their T's and C's mean bugger all if they contravene the unfair contract terms legislation.
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