Flight Cancellation compensation

[supermac9]

Re: Flight Cancellation compensation

Huzar-v-Jet2.com was heard on 22.05.14 - I expect we will get their decision some time in June.
http://www.bottonline.co.uk/aviation...r-huzar-v-jet2
http://www.manchestereveningnews.co....rt-man-7152339

[basa48]

Re: Flight Cancellation compensation

Because of a new thread started today I decided to revisit the Huzar v Jet2 case.

I was particularly taken with Judge Platts' comment:

27.......................... I am persuaded that in this case the cause of delay or cancellation was the need to resolve the technical problem which had been identified. That being the case, in my judgment it does not matter how the technical problem was identified.Whether it was identified by routine maintenance (as was the case in Wallentin) or as a result of a warning light during flight (as in the present case) seems to me to be irrelevant. Equally and for that very reason the fact that it was unexpected and unforeseeable is also irrelevant. The reality is that once a technical problem is identified it is inherent in the normal activity of the air carrier to have to resolve that technical problem. Further, the resolution of the problem, as was demonstrated in this case, is entirely within the control of the carrier.
28.On such an analysis the delay caused by the resolution of an unexpected, unforeseen and unforeseeable technical problem cannot be said to be an extraordinary circumstance given the Wallentin test.Air carriers have to encounter and deal with such circumstances as part of running an airline just as the owner of a car has to encounter and deal with unexpected and unforeseen breakdowns of his car.

My interpretation is that the Judge is saying that ANY malfunction NOT due to external influence (i.e. weather, strike, terrorism, manufacturers recall) CANNOT be an 'extraordinary circumstance' as it falls within an airlines inherent normal activities.

[supermac9]

Re: Flight Cancellation compensation

Taken from http://www.justice.gov.uk/courts/cou...t-appeal-civil

notice
Take notice that on WEDNESDAY, 11 JUNE, 2014 in COURT 7, at 10:30, Judgment will be given in the following.
APPEAL
From County Courts
FINAL DECISIONS
B2/2013/3277 Huzar -v- Jet2.com Limited.

So in 2 days we will all know where we stand (hopefully).

[Streetwise]

Re: Flight Cancellation compensation

Taken from http://www.justice.gov.uk/courts/cou...t-appeal-civil

notice
Take notice that on WEDNESDAY, 11 JUNE, 2014 in COURT 7, at 10:30, Judgment will be given in the following.
APPEAL
From County Courts
FINAL DECISIONS
B2/2013/3277 Huzar -v- Jet2.com Limited.

So in 2 days we will all know where we stand (hopefully).

Huzar WON.

[Amethyst]

Re: Flight Cancellation compensation

It was the only decision that could be made in common sense land, so I'm glad we still have some left.

http://www.bailii.org/ew/cases/EWCA/Civ/2014/791.html

[supermac9]

Re: Flight Cancellation compensation

It is a great result but those lovely people at Jet2 (who keep saying that customers are 'confused' - we aren't!!) won't take this lying down and there's already a promise to take this to the Supreme Court - they just don't know when they are beaten!
In the meantime there is probably a window for stayed cases to be brought back to life - on my part, as soon as I heard the judgement I wrote to Jet2 yesterday telling them to pay up. I suspect, however, that they won't just write a cheque!
They must realise that defending their position in the face of EU and UK law will just cost them more and more money and has succeded in publicised the whole issue massively - they will probably be deluged with claims now, and in my mind, if this does happen then it's their own fault.
The position of the CAA in all this needs to be looked at - they have firmly stood behind the airlines with their half-baked made up guidance, which now contradicts UK law - at the very least I expect them to withdraw this guidance and adopt a more objective stance, but again, we'll see.
Another link about this - there are lots more.
http://www.thisismoney.co.uk/money/h...ns-claims.html:clap2:

[supermac9]

Re: Flight Cancellation compensation

Same story, different storytellers:
http://www.dailymail.co.uk/news/arti...cumstance.html
http://www.telegraph.co.uk/news/avia...passenger.html

There's more, this time from your friend and mine, the CAA:
http://www.caa.co.uk/application.asp...etail&nid=2370

A bit more on this:
http://update.shlegal.com/cv/d7c2e03...73ec724ee15a36

[supermac9]

Re: Flight Cancellation compensation

More comedy (which, if I am honest, stopped being funny some time ago) from the Flat Earth Society, otherwise known as Jet2.com.
As I should have expected, they are maintaining that a faulty radio is an extraordinary circumstance, despite the judgement from the Court of Appeal and the recent advice from the CAA.
They also seem to suggest that because they are thinking about doing something (i.e. they will be seeking permission from the Supreme Court to appeal the Court of Appeal's decision), that they have already done it (by saying that the decision of the Court of Appeal is under appeal!) - my understanding is that until the Supreme Court make a decision (and they can't until Jet2.com make an application to them) Huzar is now law and that it should be applied accordingly. The whole situation beggars belief - they'll be telling me next that because they think that the Moon is made out of cheese then it really is!
Final letter to Jet2 will be on it's way today - Court action will have to follow if they stick to their guns.

[supermac9]

Re: Flight Cancellation compensation

Just to add a bit of balance to this issue, here is a report from a firm of Solicitors called DLA Piper, who seem to sing from the same songsheet as our confused friends at Jet2.com. They clearly think that the judgement of senior judges at the Court of Appeal is wrong and that they know better.
http://www.dlapiper.com/~/media/File...cumstances.pdf

To further balance this, here is an interesting article from the Law Gazette:
http://www.lawgazette.co.uk/law/huza...041664.article

[Amethyst]

Re: Flight Cancellation compensation

Both very good articles thanks supermac, though have to say the Law Gazette was a tad more fun to read xx

[supermac9]

Flight Cancellation compensation

Latest offering from Jet2.com Customer Service - it looks like a standard letter which everyone will be receiving at the moment.
I wonder if Jet2 stand alone in their determination to take this to every Court in the land, or if other airlines are seeing successive decisions go against them and will simply accept the Court of Appeal judgement?
Jet2 have until 9th July to apply to the Supreme Court for permission to appeal the CoA decision - I expect they will wait until the last minute to make sure this drags on for as long as possible.:rant:

[Amethyst]

Re: Flight Cancellation compensation

Thanks for the update supermac

[supermac9]

Re: Flight Cancellation compensation

An interesting one, this time from Thomas Cook:
http://www.travelmole.com/news_featu...etreg&region=2

[supermac9]

Re: Flight Cancellation compensation

Jet2 Appeal to Supreme Court

Latest word is that the submission to the Supreme Court was made yesterday, 08.07.14, and that the best estimate of a response from the SC is October 2014. Jet2 will, no doubt, be delighted that their never ending delaying tactics seem to be paying dividends.:mad2:

Comment from Bott & Co. Solicitors:
http://www.bottonline.co.uk/aviation...for-passengers

[supermac9]

Re: Flight Cancellation compensation

Some more from Bott and Co about how good airlines are getting:
http://www.bottonline.co.uk/aviation...ne-punctuality