Flight delay and cancellation compensation, Thomas Cook ONLY

batman44

111KAB wrote: »

Don't waste time .... just send them an invoice :rotfl:

LOL!:rotfl:

batman44

David_e wrote: »

That's very interesting indeed! Did he do this off his own bat, do you know? It would be nice to think that all judges were aware of relevant similar cases but I am surprised that the judge actually raised the case given that it isn't a binding precedent. I assumed it would be for the claimant to raise it as part of their claim 'evidence'.

Anyway, very glad to hear that it worked in your favour.

It may not be binding but the argument is very good and this quote came from a barrister
There is no civil code in England; English civil law comprises of essentially legislation by Parliament and
decisions by the courts. English courts interpret legislation and are usually required to follow decisions on
the same issue by a court of equivalent or higher status.
Legislation and decisions of the courts are subject to legislation adopted by the European Council and
decisions of the Court of Justice.:beer:

David_e

batman44 wrote: »

It may not be binding but the argument is very good

It's a flipping brilliant argument - all the more so because it is the correct one! I just didn't realise that it was part the judge's role to introduce material - especially at the start of a hearing. I'll be delighted if my case comes to court and my judge does something similar!

morgana

richardw wrote: »

morgana, perhaps tell TC you know all about Wallentin Hermann, Huzar and Judge Platts and can they just pop a cheque in the post please.

Here's a link to Huzar http://www.scribd.com/doc/179933236/Jet2-appeal

Mentioned the Huzar judgement to them in an email last week but they have not yet replied, nor do I expect them to. The summons has been served.

barryb123

David_e wrote: »

That's very interesting indeed! Did he do this off his own bat, do you know? It would be nice to think that all judges were aware of relevant similar cases but I am surprised that the judge actually raised the case given that it isn't a binding precedent. I assumed it would be for the claimant to raise it as part of their claim 'evidence'.

Anyway, very glad to hear that it worked in your favour.

About 5 minutes before we went in the Judge gave us all a copy and immediately brought it up. He has to really because he's likely to make a decision using that case. He said it wasn't binding but there would have to be very strong arguments to go against the other more senior judge because I could appeal.

deebabe1966

. hi me and my family was delayed on flight tcx 2868 from manchester to dalaman on 14th june 2012 at 18.55 we actually boarded the plane on time then after being left on there for just over 4 hours. (we could of been in dalaman)all the time of being on the plane it was horrendous, not told much just that they were waiting for an engineer to come and fix the problem anyhow he wasnt able to get a certain part so they off loaded us back into the airport where we waited for our luggage and then told coaches would be picking us all up to take us to hotels for the night we was told our new flight number and the time and told that coaches would pick us back up the next day.we was then left outside the airport in the pouring down rain at midnight. the first coach came after about half n hour later to take the first lot of passengers, it was then we was told this was the only coach available so we would have to wait god knows how long we would be stood in the rain and me and my family was at the back off the queue so decided to get our own taxis.we got to the hotel and it was disgusting rooms still with rubbish lying about, and plates from previous guests, and beds not made up. some passengers was still arriving hours later and had to sleep in the foyer.anyhow the next morning we was given a nice breakfast and coaches picked us all up and got us back to the airport so all in all our delay was about 19 hours
i have wrote to tc who have said the delay was of a technical nature and this was extraordinary in that tc did every thing they could to avoid the situation . i have since asked what the fault was and just had the same reply also i have logged my complaint with the caa for what its worth
if the flight number is changed is this a cancellation or a delay

Vauban

Cancellation - but it doesn't change the substance of your claim. Need to start court action if you want to progress this.

deebabe1966

thanks for reply,i thought so, but i think i go for a no win no fee company to do this for me i woudnt know where to start

David_e

barryb123 wrote: »

He said it wasn't binding but there would have to be very strong arguments to go against the other more senior judge because I could appeal.

Excellent. That's very interesting to know.

barryb123

deebabe1966 wrote: »

. hi me and my family was delayed on flight tcx 2868 from manchester to dalaman on 14th june 2012 at 18.55 we actually boarded the plane on time then after being left on there for just over 4 hours. (we could of been in dalaman)all the time of being on the plane it was horrendous, not told much just that they were waiting for an engineer to come and fix the problem anyhow he wasnt able to get a certain part so they off loaded us back into the airport where we waited for our luggage and then told coaches would be picking us all up to take us to hotels for the night we was told our new flight number and the time and told that coaches would pick us back up the next day.we was then left outside the airport in the pouring down rain at midnight. the first coach came after about half n hour later to take the first lot of passengers, it was then we was told this was the only coach available so we would have to wait god knows how long we would be stood in the rain and me and my family was at the back off the queue so decided to get our own taxis.we got to the hotel and it was disgusting rooms still with rubbish lying about, and plates from previous guests, and beds not made up. some passengers was still arriving hours later and had to sleep in the foyer.anyhow the next morning we was given a nice breakfast and coaches picked us all up and got us back to the airport so all in all our delay was about 19 hours
i have wrote to tc who have said the delay was of a technical nature and this was extraordinary in that tc did every thing they could to avoid the situation . i have since asked what the fault was and just had the same reply also i have logged my complaint with the caa for what its worth
if the flight number is changed is this a cancellation or a delay

Send them a print off of Huzar and Jet 2.com. There is a link on the first page. This fits exactly into that. Look at paragraph 27. I'm so sure you'll win I'll do it for £50 no win no fee. I guarantee they'll make an offer but turn it down.