Flight delay and cancellation compensation, Thomas Cook ONLY

JPears

Hi, why is other case still stayed? Huzar has been decided last week.
Have TC requested another stay on the basis that an appeal will be made, but not necessarily granted?
If not then ask court to resume your case.

batman44

JPears wrote: »

Hi, why is other case still stayed? Huzar has been decided last week.
Have TC requested another stay on the basis that an appeal will be made, but not necessarily granted?
If not then ask court to resume your case.

It could be the same as mine, I have to inform the court 28 days after the stay expires then inform to court if they have paid up or not or I wish to continue.

Forgot - the order says the stay expires 28 days after the Huzar decision or it is determined. This does not included further stays/appeals/supreme court appeal.

JPears

and its determined. No appeal, yet and certainly none granted so move ahead with court process.

fightingalltheway

think its the same. they have the 28 days to appeal. Bott and Co are dealing with mine anyway so will leave it with them. they have been great

batman44

I dont think you understand chaps, maybe i have not explained.

It is ordered-

The stay is in place until 28 days after the Huzar case is determined. (11th june)

Then within a further 7 days after the stay expires I have to let the court know if they have settled or wish to continue.

so do I have to wait for 28 days before letting the court know?

There is nothing in the court order about any further appeals or SC.

Mark2spark

Email the court (judge) now Batman and copy the Huzar CoA judgement as well, state that you've made an open offer for the airline to settle before further hearing as you don't want to waste the courts time any longer on a cut and dried case. But then also add that if the airline persists, then a directions hearing at the earliest opportunity would pave the way for minds to be focused on the way forward to a speedy resolution.

batman44

Mark2spark wrote: »

Email the court (judge) now Batman and copy the Huzar CoA judgement as well, state that you've made an open offer for the airline to settle before further hearing as you don't want to waste the courts time any longer on a cut and dried case. But then also add that if the airline persists, then a directions hearing at the earliest opportunity would pave the way for minds to be focused on the way forward to a speedy resolution.

I am going to set to work on the docs now.

Sarah-A_2

I posted on this forum quite a while ago saying that I had had judgement from the AESA (Spanish equivalent of CAA) that Thomas Cook should indeed be liable for compensation under the regulation. Thomas Cook continued to reject the claim and so I have taken them to the Small Claims Courts using the MCOL process. They are still defending the claim and I now have a court date of 29th August. Does anyone have any advice for me in preparing for that and do you think there's any likelihood that they will settle before that in light of the Huzar case? I'd rather not go to court if I can avoid it tbh

Vauban

Centipede100 wrote: »

That is precisely the reason the airlines play hard ball as they know that a percentage of claimants won't have the courage to follow through with their claim so well done you for having the guts to do just that.

But don't post on a public forum that you'd rather not do it! As we know the airlines read these - and you will be readily identifiable!

Have a look at the Taking the Airlines to Court thread, as well as the Court Success Thread (which has fallen into disrepair since the mass stays, but is good for showing how lots of folk win). In truth, the Huzar/Dawson cases have really made this a much easier ask: the only uncertainty is over when these appeals will run their natural course.

purple_icecream

Sarah-A wrote: »

I posted on this forum quite a while ago saying that I had had judgement from the AESA (Spanish equivalent of CAA) that Thomas Cook should indeed be liable for compensation under the regulation. Thomas Cook continued to reject the claim and so I have taken them to the Small Claims Courts using the MCOL process. They are still defending the claim and I now have a court date of 29th August. Does anyone have any advice for me in preparing for that and do you think there's any likelihood that they will settle before that in light of the Huzar case? I'd rather not go to court if I can avoid it tbh

I will PM you