Consider instead https://www.aviationreg.ie/ who were very good and useful to us a decade or so ago when Aer Lingus illegally denied my children boarding on a family holiday flight and then attempted to stonewall our subsequent complaint.Hi, without going into detail, I have made a small claim against an Airline company for charging my credit card with a service which I dispute I cancelled. Ultimately it is my word against theirs but my question is: if I go to small claims court and loose my case do I have to pay the legal fees of the Airline company?
Are you sure about that?If you win and the airline appeals to the Circuit Court, the stakes would be higher. If the airline wins on appeal, you would more likely be liable for costs.
Doesn't that mean that costs are never awarded against either party?10 Liability for costs and expenses
10. The claimant and the respondent are liable for their own legal costs and witnesses’ expenses (if any) incurred in respect of any claim processed through the Small Claims Procedure.
Not many would, at least in my opinion, but within that few, I'd certainly count a few prominent Irish airlines. That's why, again in my book, the Aviation Regulator is a much better bet.In any case, how many respondents are likely to go to the District Court proper over a maximum of €2k?
If the CAI are to be believed, the SCC is a branch of the District Court and so appeals are made to the next most senior court.Are you sure about that?
Don't you mean District rather than Circuit Court?
Can I appeal the decision of the District Court?
Both the claimant and the respondent have the right to appear an order of the District Court to the Circuit Court. Costs may be awarded by the Circuit Court but that is a matter for the individual Circuit Court Judge to decide. There will be a fee payable to the sheriff, which will be refunded to you if the Sheriff succeeds in executing the Court Order (which is also referred to as a 'Decree'). The execution of the Court Order is then a matter for the Sheriff who will notify the Claimant. Information and assistance on enforcement procedures are availabel from the Small Claims Registrar. For various reasons the Sheriff may not always be successful in the execution of Court Orders.
Consider yourself fortunate.Hi Folks, many thanks for the replies, as it happened I lost my case and costs were not assigned to me! It appears Ryanair have a retained counsel to defend many small claims against them in Swords District Court ( about 5 when I was there). What I learned from the experience was that using the Ryanair booking system "in good faith" does not trump "proof" and for the fact that I had no screen shots of my transaction I hadn't a hope! I did argue that I cannot be expected to screen shot every transaction I make on-line but the judge was unmoved and simply wanted to process me out the door. An interesting experience but my first time and hopefully my last in court!
I used it once. I won and didn't find it at all stressful. But it was a total waste of time. I never got paid a cent of the amount they awarded me.Is there much involved in making a claim in the small claim court. Do some people wish they had never started it in the first place as it can get long and stressful. Anybody have the experience of one?
Why not give us some general details of your case. As a frequent booker of their flights I'd be interested in what you found wrong with their website.Hi Folks, many thanks for the replies, as it happened I lost my case and costs were not assigned to me! It appears Ryanair have a retained counsel to defend many small claims against them in Swords District Court ( about 5 when I was there). What I learned from the experience was that using the Ryanair booking system "in good faith" does not trump "proof" and for the fact that I had no screen shots of my transaction I hadn't a hope! I did argue that I cannot be expected to screen shot every transaction I make on-line but the judge was unmoved and simply wanted to process me out the door. An interesting experience but my first time and hopefully my last in court!
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