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Scottish Law
We were granted decree 30/08/2007 and give an extract dated 14th September 2007. We wrote to Ryanair demanding payment and giving them 2 weeks to pay dated 25th September.
We waited longer because of the post strike. Today a solicitor has written informing us they will recall the decree.
1) Reason for non-attendance in court is "the defender failed to appreciate that the matter had been raised in a Scottish Jurisdiction".
This is outrageous- the copy summons clearly states the address of the court and a website scotcourts.co.uk
Can I move to reject the recall simply because the reason for non attendance is ridiculous?
2) They intend to ask decree be rejected because the court has no jurisdiction under the montreal convention. (the flight was from Moroco to Frankfurt, the tickets were ordered on-line in France, the pursuers are Scottish and the carriers Irish!!!)
The flight sold to the pursuers never existed- Ryanair did not have permission to fly the route so their was never a contract. Can we successfully argue that the convention does not aplly because they sold something that did not exist and therfore the case is about an alledged deception and the air travel is incidental?
All help/case law etc greatly appreciated- we have not been given the recall hearing date yet.
The Montreal Convention provides a new jurisdiction that will be of benefit to claimants. It will allow a claim to be made in the country of the passenger concerned provided the airline involved operates services to and conducts business in that country. In a small number of cases this will relieve the claimant of the need to bring a claim in another country.
Rory - that's absolutely brilliant- I've been delving all over the EU regs trying to find something relevant I ignored the obvious. Sorry I can't add to you reputation coz I haven't yet found anyone else so useful since I last boosted you!!
written entirely without prejudice to my whole rights and pleas in law and may not be founded upon in any proceedings.
Pity but Article 33 changes jurisdiction in the event of death or injury only.- shame thought this would be the killer clause. never mind it does not cover cancellation unless cancellation is an indefinite delay in Ryanair terms!!!$%
written entirely without prejudice to my whole rights and pleas in law and may not be founded upon in any proceedings.
Oh no! recall has been set for 22nd November. My son and his girlfriend have booked flights to go to Auatralia & NZ for one year on 19th November - can I get the case sisted for that length of time? We assumed the case was concluded once two weeks had passed from award of decree.
written entirely without prejudice to my whole rights and pleas in law and may not be founded upon in any proceedings.
The defenders have used Sheriff officers to serve notice about the recall hearing - is this normal?? Surely recorded delivery would suffice? Can I complain to the court? Is this harassment or intimidation?
written entirely without prejudice to my whole rights and pleas in law and may not be founded upon in any proceedings.
We had a booking with a travel company that had to be cancelled due to family illness. This was cancelled near the mark, but in time of the cancellation period. We therefore knew we would forfeit our deposit. However they added a cancellation fee as well which makes outstanding payment of £500. We have never signed anything as this was booked over the internet. My question is can we do anything about this? Would the agreement be enforceable as it was doen over theinternet??
The Sheriff and Ryanair solicitor decided to discuss which regime had precedence- the EU compensation scheme or Montreal Convention. When I tried to interject the sheriff said I would be allowed to speak later. Once a suitable lull ocurred I said I had a submission which would circumvent their discussion. I then informed the court that the Montreal convention did not apply since Morocco was not a signatory to the convention.
All done and dusted- the Sheriff checked my list of signatories, and my copy of Article 1 of the convention then told the Ryanair solictor he had untill 12.00 to come back to court and agree or disagree with my submission and if he disagreed then he could argue his point with him (the Sheriff). At 12.00 the solicitor returned and agreed with my submission, after some further attempts to dissuade the Sheriff he was told their defence was rejected. Note that no further recalls are allowed!!
The Sheriff then gave me some sage advice on jurisdiction etc and informed us we had won.
What a shame Ryanair did not bother to properly research theitr case!!!*!
But seriously we were lucky to win this on a technicality no matter how just the cause!
Now we have to get the money off them!!
written entirely without prejudice to my whole rights and pleas in law and may not be founded upon in any proceedings.
Thanks Rory, when I researched the convention after your comments, Google popped up a list which had Morocco under The Hague convention and it all followed from there - so many thanks again!!
written entirely without prejudice to my whole rights and pleas in law and may not be founded upon in any proceedings.
I'm just bumping this to 2010 as it could be relevent but certainly says that research is the key factor.
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Douglas52 v Ryanair **WON**
was from Moroco to Frankfurt, the tickets were ordered on-line in France, the pursuers are Scottish and the carriers Irish!!!)
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Re: Help Ryanair recalled decree Scottish Law
Re: Help Ryanair recalled decree Scottish Law
Yahoo!! Went to court on Thursday, great Sheriff.
