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

Mark2spark

Legal Magpie, I'd be interested in your opinion, if there would be any mileage in taking an airline to court, *after* the 6 year deadline, but *if* the LIP had written correspondence from the airline within the 6 year period saying that they were dealing with the case, the angle to put to the judge is that the airlines deliberate and futile procrastination amounted to deception of their intentions, and that their *conduct* should be taken into account?

NoviceAngel

Mark2spark wrote: »

Legal Magpie, I'd be interested in your opinion, if there would be any mileage in taking an airline to court, *after* the 6 year deadline, but *if* the LIP had written correspondence from the airline within the 6 year period saying that they were dealing with the case, the angle to put to the judge is that the airlines deliberate and futile procrastination amounted to deception of their intentions, and that their *conduct* should be taken into account?

I also would be interested, but from what I understand, law is very specific and doesn't allow for variance or sympathy. There have been many occasions of this happening. I recall reading an incident where a motorist had deliberately drove through red lights, because there was an ambulance wanting to get through, the red light camera activated and the driver asked for the case to be dealt with by Court, the Court ruled that in law the driver was guilty of driving through the red light, there is no provision IN LAW to justify driving through a red light.

I also watched one of those posh tv channels think it was BBC2, about some Supreme Court judges, actually very interesting because they were explaining that they had to interpret the law as written and ones own beliefs of fairness or equality could not come into their interpretation of the law as written.

The way I'd put that is no matter how blatantly unfair a situation is, then you have to give judgement as the law is written, if it's wrong then it would be for parliament to change written law.

Cheers,

NoviceAngel

Mark2spark

NoviceAngel wrote: »

I recall reading an incident where a motorist had deliberately drove through red lights, because there was an ambulance wanting to get through, the red light camera activated and the driver asked for the case to be dealt with by Court, the Court ruled that in law the driver was guilty of driving through the red light, there is no provision IN LAW to justify driving through a red light.

Well in the above instance the DPP could have decided to offer no evidence, OR the magistrates could have said, yes, our hands are tied, all we can do is fine you ONE PENCE with no order for costs to reflect the seriousness of the case.
But common sense seems to go out of the window when dealing with strict interpretations of the law.
IMO there ought to be a minister of common sense, and he/she would be able to declare Jet2 to close business as they are unfit.

glentoran99

happy days money recieved

After NWNF takes their percentage i got £797.20

not bad considering current exchange rate says 1200 euro is £883

And i got £200 goodwill gesture at the time

took a while but got there

NoviceAngel

glentoran99 wrote: »

happy days money recieved

After NWNF takes their percentage i got £797.20

not bad considering current exchange rate says 1200 euro is £883

And i got £200 goodwill gesture at the time

took a while but got there

Excellent result, you've waited a long time for that win!

It's great for me to read your input on the forums, do stay with us won't you.....

Congrats and well done on your success:beer::j:T

glentoran99

NoviceAngel wrote: »

Excellent result, you've waited a long time for that win!

It's great for me to read your input on the forums, do stay with us won't you.....

Congrats and well done on your success:beer::j:T

definitely will, I enjoy the forums

glentoran99

Mark2spark wrote: »

Legal Magpie, I'd be interested in your opinion, if there would be any mileage in taking an airline to court, *after* the 6 year deadline, but *if* the LIP had written correspondence from the airline within the 6 year period saying that they were dealing with the case, the angle to put to the judge is that the airlines deliberate and futile procrastination amounted to deception of their intentions, and that their *conduct* should be taken into account?

Could this be a reason monarch for example have started mentioning running out of time in their 'holding' emails? As this may have been an option

Mark2spark

glentoran99 wrote: »

happy days money recieved

After NWNF takes their percentage i got £797.20

not bad considering current exchange rate says 1200 euro is £883

And i got £200 goodwill gesture at the time

took a while but got there

Congrats, thats been a well long journey for you... enjoy!

Bugsy5

It seems Monarch have now started to pay for delays on this flight, I am still waiting to hear from my local County Court but it can now be added to the agreed list.

glentoran99

Bugsy5 wrote: »

It seems Monarch have now started to pay for delays on this flight, I am still waiting to hear from my local County Court but it can now be added to the agreed list.

Yep at long last although took a solicitor to get it