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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!!
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This is their breakdown I have receipts for every item on my breakdown These are the costs stated: Counsel’s fee for advising on, preparing for, and appearing at hearing on 16 December 2022 £400+VAT for the Hearing: £480 Travel expenses: £60 Total: £540 Solicitors 1. Defence - £350 (fixed fee) from 10/06/2022. 2. Please see attached schedule for 27/10/2022. £350 plus VAT: £420.00 £259.00 plus VAT: £310.80
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In answer to your question, yes I have submitted my witness statement with exhibits, these include: my flight itinerary email from RA with link to Spanish government website screenshot of Spanish government website showing PCR test is required within72 hours PCR test result certificate with date and time clearly shown copy of email from Spanish Government Travel Health team confirming 72 hours copy of official BOE from Spain confirming timescale
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FURTHER UPDATE we now have a hearing date, 16th December, at our local court. We have received their evidence pack which is a one page screenshot of their website advising travellers to check rules of destination country. I've submitted everything I have including a copy of the BOE, an email from the Spanish government, etc. Ryanair gave now asked for a remote hearing "due to lack of counsel availability" but I haven't seen a response from the court yet. They declined mediation, I'm still holding out gor a settlement prior to the hearing date. A few questions... Can they offer a lesser settlement and would we be silly to refuse this? how close to the hearing data are they likely to offer a settlement if they choose that route? if the court agrees to a remote hearing, can I still attend in person? Thanks in advance! Louise
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