Flight delay and cancellation compensation, Jet2.com ONLY

NoviceAngel · 26 October 2013 at 8:46AM

NoviceAngel wrote: »

There was a post on here this morning saying that Bird & Bird had settled out of court in his/her case, it looks as though the post has disappeared

EDIT - The post was removed by the poster, at the request of Sols. The poster will re-post at a later stage.

Obviously the forum member has been told to keep his/her victory quiet (until matters are formally arranged) but the significance of this is really worth re-iterating.

Can't wait to find out more about this from the forum member. From looking at the members previous posts, I can tell you the plane was delayed due to a technical fault, it was a significant delay and the forum member submitted a lot of material to support his/her claim. So really not an 'extraordinary' case.

I hope this is at last a common sense NEW approach after the recent intervention of a more Senior Judge that understands the regs...

Dr_A you might never get that Court hearing ... Watch your inbox from the birds....

Cheers

NoviceAngel

NoviceAngel · 26 October 2013 at 8:57AM

JPears wrote: »

So does this mean I can appeal the unlawful decision the judge gave in my case?

And or I can make another claim on behalf of my daughter, since the issue of locus stnadi was never resolved in my case.

Not sure about an appeal, costs etc. etc. Bott & Co might do if no win, no fee, but if you were to get costs awarded against you... Ouch....

I'd ask your daughter to consider making a claim, if she's anything like mine, she would love to get a win where her dad failed. Lol

With you losing (no precedent set) and the Birds always quoting 'locus standi' with the new judgement I think she would have every chance of success

Good Luck Miss Jpears

PamK_2 · 27 October 2013 at 10:29AM

I was on a delayed flight from East Midlands to Temerife on Sept 14th this year 0 delayed almost 6 hours. I have complained to Jet 2 and after 4 weeks received a thank you for your complaint letter and but no offer of compensation. I have sent a 2nd more direct letter to them claiming my 400 euros flight compensation but so far (nearly 2 weeks) not even received an acknowledgement letter. Has anyone managed to get flight compensation for this flight - if there are many complaints and claims for the flight it seems more likely to get a payout.

David_e · 27 October 2013 at 10:57AM

PamK wrote: »

I have sent a 2nd more direct letter to them claiming my 400 euros flight compensation but so far (nearly 2 weeks) not even received an acknowledgement letter.

If you read the threads - starting with the FAQs - you will see that sending letters rarely achieves results.

PamK wrote: »

if there are many complaints and claims for the flight it seems more likely to get a payout.

Interesting comment. As multiple claims would be more expensive for an airline, I would have thought that they might defend more vigorously. Anyway, I wouldn't bother about that. If you think you have a case, take action.

JPears · 28 October 2013 at 11:28AM

Coby,
Could you comment on the victory over Jet2 regarding the appeal and what effect this has on claims in general, or was the appeal matter to specific to affect technical problems generally?

CobyBenson · 28 October 2013 at 1:17PM

When arguing that technical defects are extraordinary most airlines say thefollowing (Which is wrong by the way!):-

"Wallentin says that technical defects are not extraordinary if they were picked up during routine maintenance or as a result of failing to carry out such maintenance.

As this defect was not identified during routine maintenance and it was not caused by a failure to carry out such maintenance it is extraordinary.

Furthermore,this technical defect was unforeseeable and therefore could not have been avoided even if all reasonable measures were taken."

According to His Honour Judge Platts this is not the correct approach to take.

HHJ Platts says it is irrelevant when the technical problem was identified or whether it was foreseeable. The fact is that a technical problem occurred and a delay was caused by having to rectify that problem.

He went on to say that having to fix technical problems (generally) is inherent in running an airline and cannot therefore be extraordinary.

He did however accept that some circumstances can be extraordinary, for instance hidden manufacturing defects, sabotage, terrorism, bird strikes, crew sickness etc.

The Judgment was given in very broad terms so that the principal can be applied to all cases concerning technical problems.

The Appeal was made at County Court level so it is not binding. It does of course have a persuasive value given that it is from a senior Judge who took the time (2 weeks) to consider the law carefully before returning his Judgment.

It's also interesting to note that he reached this decision after 3 separate District Judges had rejected claims for this flight.

I'm just awaiting receipt of the official Judgment from the Court, but once received I'll be happy to share it with others.

Finally, it’s not clear yet whether Jet2 will be appealing the decision. If they do then they’ll need to get permission from the Court of Appeal first. If an appeal goes ahead then I wouldn’t be surprised if we don’t get a hearing until 2015 now.

JPears · 28 October 2013 at 1:29PM

Ahh the speedily turning wheels of justice. Would an appeal be in their favour, given it was at CC level, despite your comments above?

CobyBenson · 28 October 2013 at 1:36PM

Are you asking do I think they would be successfull with an appeal? The simply answer is no, no I don't.

I'd be surprised if an airline lets a case like this go to the Court of Appeal beause once that's done they're going to create binding law, whether they like it or not.

It's far easier for them to keep on fighting cases with specious arguments and hope that they can confuse a District Judge every now and then.

JPears · 28 October 2013 at 2:30PM

For favour, correct to advantage, answered in second paragraph. Thanks.
Sorry more questions, were the other identical cases included in this appeal? if not, is there an automatic overturn of the original DJ decision aor do they have to appeal as well?
How does this senior judge decision impact on cases already heard and lost on technical grounds/ alleged ECs?

Vauban · 28 October 2013 at 2:32PM

Are you writing in code now, JP?

And if so, what colour are the tulips in Moscow this year?

Flight delay and cancellation compensation, Jet2.com ONLY

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