Some pointers from other Flyertalker's experiences of using MCOL

While respecting the privacy of the individuals' concerned, there are some lessons learned that perhaps can be shared.

1. If going down the MCOL route it is important to pay attention to details and deadlines. While it isn't particularly complicated or onerous, sending an MCOL through without proper preparation is doomed to failure.
   
2. Don't rely on BA not turning up at court - they often do. Moreover if you don't turn up at court, or fail to send a solicitor / person to represent your case, BA may well be successful in asking for a contribution to their costs. £240 was extracted in one case recently - from a BA gold cardholder at that!
   
3. There is some validity in selecting the Arbitration clickbox as part of the process. There are several reports of BA making a reasonably generous offer (i.e. not all of what was asked) in the telephone call that is involved in this case. If you access this offer, the arbitrator will submit that to the court for ratification. Often BA's offer will come in the form of e-vouchers: it's a electronic voucher beginning 125 which can be used to pay for one or many flights: during the BA.com booking process you add the voucher as a means of payment. You can also use e-vouchers to pay for travel for friends or relatives. BA may invite you to look at the terms and conditions of e-vouchers before that telephone call, so you can guess it's going to be offered! You don't have to select the Arbitration option, it doesn't count against you and you are not forced to accept the outcome of this stage. I think the only reason why you would NOT go through this stage is if you wanted your day in court and were not particularly interested in a negotiated settlement. Alternatively if you have hearing or language issues with telephone conversations perhaps.
   
4. Only use MCOL for one individual - don't add (e.g.) your spouse directly into the submission since BA will highlight this in their defence, which thereby risks the judge throwing the case out completely. There is a paper form you can use for multiple applicants. However probably the better way to handle this is to make MCOL for one individual, but insert a paragraph somewhere to make it clear that your spouse has an identical claim and it will be pursued after the first MCOL submission. BA are unlikely to defend the same case twice and it mitigates your losses if you actually don't have a case.
   
5. Consider doing a skeleton: a one or two page summary or roadmap of your claim, with numbered bullet points that would allow a judge to walk through the case and refer to the documents / proof in short paragraphs. The first few paragraphs would be a bit about you and the briefest summary of the events behind your case. The last paragraph is a conclusion and a mention to the total sum applied for. In between you should put about a dozen paragraphs explaining what you are claiming for and the legal basis. This is certainly not expected at small claims level, a skeleton is used in more complex cases and is drawn up by those with legal training, but it really does make life easier for the judge and for you too: it allow you to focus your argument succintly on the points that matter. Send it to the court and the airline about a week before any scheduled hearing/arbitration. This guide is intended for legal students and goes into too much detail, but you may find it interesting, just read pages 6 to 9 inclusive:
   https://www.biicl.org/files/2223_ske...ents_guide.pdf
   
6. If your claim is against BACF (ie involved flights out LCY or Stansted), SUN, OpenSkies, Comair - be careful to make the claim against the correct company, BA will highlight errors in this area (even though in the case of BACF the same legal team is involved!) and it may invalidate your claim.
   
7. I know it's easy to say, but don't take this too personally. There is a standard legal framework for pursuing complaints, it's used thousands of times every working day, and both BA and the consumer have access to this framework. They are not "getting at you", they are simply using a well trodden path for resolving disputes. And you won't get banned from using BA if you take them to court, BA is a large corporation transporting over 40 million people every year.
   
8. Be realistic about settling out of court. You are free to make your own or counter offer to the airline too. A court hearing is likely to be a poor use of your time, and so it is worth reflecting on any approaches which can avoid this.