Monarch delays & Compensations. Listed flights denied in O.P.

The_Wingco

statictom wrote: »

A senior judge has ruled in an appeal hearing against Jet2 that airlines are incorrect to deny passengers compensation by claiming that technical defects which develop in flight are "extraordinary circumstances".
Previously airlines had tried to reject claims on the basis that technical defaults were unforeseeable and beyond their control, but this ruling confirms passengers are still entitled to compensation.
The judgement was made after a hearing on 8th Oct 13 at Manchester County Court, where the judge revealed that three separate passengers had also tried to claim compensation for the same flight, but on each occasion the district judge had failed to apply the law correctly.

"This judgement has provided much needed clarity to this complicated area of law"
His Honour Judge Platts ruled that the issue is not whether the technical problem was expected or unexpected, but that the airlines have a duty to resolve these technical issues and the resolution of those issues is firmly in the control of the airline, therefore it cannot be Extraordinary Circumstances under EC 261/2004.
The judge has confirmed that airlines cannot argue a technical defect is extraordinary simply because it is unexpected, unforeseeable or unavoidable.

Many thanks for that info. Do any of m'learned friends on this forum know if this constitutes case law ''precedent'', i.e. can be used as an argument in the local County Court?

111KAB

The_Wingco wrote: »

Many thanks for that info. Do any of m'learned friends on this forum know if this constitutes case law ''precedent'', i.e. can be used as an argument in the local County Court?

No it is not a precedent however there is nothing to stop you making reference in your bundle or court hearing.

Mark2spark

111KAB wrote: »

No it is not a precedent however there is nothing to stop you making reference in your bundle or court hearing.

One for Coby to perhaps clarify?
I was under the impression that it, being an appeal, was heard at High Court, and therefore is setting a case law 'precedent'?

Mark2spark

Ahhh.... I've now read the Jet 2 thread and can see the clarification from Coby, the appeal was heard at County Court.

Still, a transcript, especially as the judgement is by a HH (His Honour) Judge, is going to be useful to include in anyone's bundle.

HitAndMiss

Success.Monarch have paid up the remaining 50% of my flight delay compensation. I contacted the CAA and after prolonged correspondence over a period of time, I persuaded them to amend their guidelines on the subject. I also obtained AESA (Spanish equivalant) confirmation in writing that there was no case for reducing compensation by 50%. On the advise of The CAA I then appealed the original decision by Monarch on the grounds of CAA revised guidelines. I sent all my correspondence through Paul Keithley head of customer services who was very helpful within his remit. (A waste of time contacting Monarch's legal departemet who never bothered to answer). I have now received my cheques from Monarch for the remaining 50% of my compensation claim. It goes to show perservance pays off. I would suggest to anyone else that has only received 50% of their compensation to appeal to Monarch on the grounds of CAA's revised compensation maybe through Paul Keithey. Remember he cannot make any decisions but he did ensure you get a response. Be factual, polite but firm saying if the claim is not met then you will have to commence proceedings in the Small Claims court. Patience may be virtue. Good luck from "One Happy Bunny"
This same response has also been posted on the 50% reduction in flight delay compensation forum

The_Wingco

Mark2spark wrote: »

Ahhh.... I've now read the Jet 2 thread and can see the clarification from Coby, the appeal was heard at County Court.

Still, a transcript, especially as the judgement is by a HH (His Honour) Judge, is going to be useful to include in anyone's bundle.

Can a transcript typically be accessed by Joe Public?

Vauban

Yes. It was posted today on the monarchcomplaints Facebook page.

Karb

Here is the transcript

http://www.scribd.com/doc/179933236/Jet2-appeal

Karb

Went to mediation tody, and agreed a figure.

The consumer champion in me feels that I've rather let down my fellow claimants, as there does seem to be little incentive for Monarch or any other airline, to pay out any compensation claims whatsoever when the chances are they can get away with a lower fee at mediation, and if even 50% of cases make their way to court and they lose the lot, they are still probably better off than if they'd just paid up in the first place.

But the figure did cover the actual cost of the flights, and was for 60% of my claim amount, so I reckoned it wasn't worth risking losing 60% to possibly gain another 40% in court.

In some ways it is disappointing, as I really felt that I had a strong case, but in the end, I felt that I just couldn't afford to take the risk. I'd have been really gutted if I'd gone to court and lost.

111KAB

Karb wrote: »

Went to mediation tody, and agreed a figure.

The consumer champion in me feels that I've rather let down my fellow claimants, as there does seem to be little incentive for Monarch or any other airline, to pay out any compensation claims whatsoever when the chances are they can get away with a lower fee at mediation, and if even 50% of cases make their way to court and they lose the lot, they are still probably better off than if they'd just paid up in the first place.

But the figure did cover the actual cost of the flights, and was for 60% of my claim amount, so I reckoned it wasn't worth risking losing 60% to possibly gain another 40% in court.

In some ways it is disappointing, as I really felt that I had a strong case, but in the end, I felt that I just couldn't afford to take the risk. I'd have been really gutted if I'd gone to court and lost.

Well obviously it is up to you but this is the first case I have heard of where Monarch settled at mediation stage so maybe the latest rulings are starting to get through to them. Was Ms Morgan Ann Mulay on the 'other' 'phone and what is their timescale for payment?