Originally Posted by
gutt3d
Q1. I have not yet responded to CEDR. Is there a recommendation to accept or reject at this stage? Acceptance would in theory mean BA would be obliged to pay £461 - would acceptance be "bad" in terms of MCOL, or in fact would it be beneficial (as the additional claim of £365 might be too low for BA to bother with)?
Q2. In terms of homework etc. this is something I can do - but not certain of the things I'd need to read up on. So - I can read up on Mennens, and will find out what I can about the values of the taxes you've outlined (because I don't know what they represent). If you can suggest further reading that might be useful, I'll go for it. Or - rather - did you mean that if/when BA defend then I need to be prepared to spend some hours/evenings/days researching their defence so that I can then counter?
Q1: if you are able to accept the money without accepting the CEDR's opinion then I would do so, I must admit I can't quite work out from your question what the implication of accepting CEDR's verdict is in terms of MCOL. If necessary ring up CEDR and ask them.
Q2: Homework means submitting a properly detailed submission respecting the basic requirements of MCOL and no schoolboy howlers. BA are surprisingly picky about these things, they go through the wording and (e.g.) if your claim was against BACF rather than BA, they point that out, even though the same legal team in the same office handles both BA and BACF. I think there is enough information in this thread on how to prepare MCOL, but the very first stage is to tell BA exactly what you are seeking, and give them a reasonable time to agree to this, 16 days, as indicated in the initial posts.
If Mennens (and the distance quotient) in not mentioned at all in the CEDR ruling then I suppose there is an option of pointing this out to CEDR to see if this changes their verdict, but I have no idea how successful that will be.