Post
by shandave2001 » Sun Jan 18, 2009 10:22 pm
To OP
Have u come up with any decision yet?
I also concur with people who have advised to sue the air line, as it is simple and practical course of action. Ignorance of the law is not an excuse, particularly when it is by an Airline company. If the airline thinks it was fault of the Dutch immigration then THEY can make them a PARTY to the case, but that will be airline's decision, OP don't need to worry in this regard.
The reason to sue airline rather than the Dutch immigration authorities (or state) is you don't know the airline staff spoken to whom on that occasion and what they were told. In any case, it will be difficult for OP to assemble evidence in regard to the act of Dutch immigration. If the airline decided to make the Dutch immigration a party and the court decided the airline was not at fault, Dutch immigration still be there for liability/damages.
This is more a Contract/Tort case than immigration. As contractual litigation is complicated part of law, an experienced solicitor in civil litigation (particularly in contractual disputes) is needed. Eventually if case goes to final hearing, a counsel (barrister) will be needed, as this is not a simple case. The OP can get a solicitor based on "no win no fees" and still should take relevant insurance (solicitor can advice on this).
Whether the case is only small track worthy (up to £5000), well, I wouldn’t say as don’t know the exact damages occurred in consequence of airline’s action. Remember the damages must not be TOO REMOTE. It seems "incovenience and distress" will cover a big part of the damages.
Any exaggeration of damages can backfire if case end up for final hearing, I mean a portion of compensation can be deducted if claimant has exaggerated her/his damages. Usually losing parties argue heavily in this regard.
In my opinion OP's case is more than arguable and remember it will be decided based on "balance of probability" namely it is more likely than not OP suffered damages. In my prediction, airline will offer settlement in order to avoid other joining the queue.
Good Luck OP and sorry the treatment u suffered.
Last edited by
shandave2001 on Mon Jan 19, 2009 12:16 pm, edited 1 time in total.