Flight delay and cancellation compensation, Tui/Thomson ONLY

SimonD316

FoxyDevon wrote: »

I have just received this reply from Thomson :-

Thank you for your further correspondence. I am sorry you remain unhappy with the response you have received.

Whilst we accept that there has been a recent court decision in which the particular judge did not accept out argument, we do not believe this means our argument is wrong.

It is very often the case that one judge hearing the same argument will make a completely different decision to another. Therefore the outcomes of legal claims are very often subject the particular view point of the judge who hears the case.

Furthermore, our legal system works on a precedent. This means that only decisions of the most senior courts would be binding on lower courts. As this was a County Court decision and not one from the High Court, Court of Appeal or Supreme Court, no other judge would be required to follow the decision.

For these reasons we continue to stand by our argument that this claim is subject to a two year limitation.

With that said, I am truly sorry if this wasn't the outcome you were looking for however I must advise that this is our final position on this matter.

Thank you once again for getting in touch.

Do I keep on or not ?? I have submitted info to CAA, shall I wait and see what they say.

Interesting what they say about precedent's given the More vs KLM precedent. If you've not sent a NBA I would do now then start a claim.

FoxyDevon

Thank you for that, the reason I kept on emailing Thomson is that it is only my time i'm wasting and going on past experience stranger things have happened with regards to getting a result. This time obviously not as they are sticking to their guns, so initiating legal action is the next step. :-)

FoxyDevon

Simon,

I have sent NBA plus various emails to Thomson, plus completed from via CAA website ... :-)

Bonters

FoxyDevon wrote: »

I have just received this reply from Thomson :-

Thank you for your further correspondence. I am sorry you remain unhappy with the response you have received.

Whilst we accept that there has been a recent court decision in which the particular judge did not accept out argument, we do not believe this means our argument is wrong.

It is very often the case that one judge hearing the same argument will make a completely different decision to another. Therefore the outcomes of legal claims are very often subject the particular view point of the judge who hears the case.

Furthermore, our legal system works on a precedent. This means that only decisions of the most senior courts would be binding on lower courts. As this was a County Court decision and not one from the High Court, Court of Appeal or Supreme Court, no other judge would be required to follow the decision.

For these reasons we continue to stand by our argument that this claim is subject to a two year limitation.

With that said, I am truly sorry if this wasn't the outcome you were looking for however I must advise that this is our final position on this matter.

Thank you once again for getting in touch.

Do I keep on or not ?? I have submitted info to CAA, shall I wait and see what they say.

Very interesting on their part! Of course, they are correct in what they say but that very likely indicates that they will not take advantage of their leave to appeal the decision. Because if they did, the appeal decision would then be binding upon them in the future. Whereas a decision in the lower Court is not! And they can continue to peddle this 2 year nonsense to their heart's content, which has no doubt dissuaded a good number of claimants so far. The Thomson approach is entirely tactical and has no conscience, it is based upon commercial considerations only. You should not waste any time or effort with the CAA, who have no jurisdiction (or if they do, they refuse to use it). Either commence Court action yourself, or place it with a 'No Win No Fee' company and let them carry all the hassle.

jimcbob

Centipede100 wrote: »

If Thomson do not take advantage of their leave to appeal the Dawson case they lost despite being specifically invited to do so "in the light of the importance of the decision", they run the risk that all claimants will produce the judgment given in the Dawson case (http://www.bottonline.co.uk/images/news/Judgment.pdf) and the airline effectively shoots themselves in the foot when asked why they didn't appeal the judgment.

Although county court cases do not carry precedence, the well-thought out Dawson judgment would be persuasive to most DJs and CJs in most cases IMO.

I would encourage all Thomson claimants to annex the Dawson judgment to their witness statement if the airline has failed to follow the judge's invitation.

They lodged an appeal yesterday, it seems, reference B2/2013/2478. Hearing window of 30/1/14 to 30/5/14.

SimonD316

Centipede100 wrote: »

If Thomson do not take advantage of their leave to appeal the Dawson case they lost despite being specifically invited to do so "in the light of the importance of the decision", they run the risk that all claimants will produce the judgment given in the Dawson case (http://www.bottonline.co.uk/images/news/Judgment.pdf) and the airline effectively shoots themselves in the foot when asked why they didn't appeal the judgment.

Although county court cases do not carry precedence, the well-thought out Dawson judgment would be persuasive to most DJs and CJs in most cases IMO.

I would encourage all Thomson claimants to annex the Dawson judgment to their witness statement if the airline has failed to follow the judge's invitation.

Thanks for posting, I've grabbed a copy for mine...

jimcbob wrote: »

They lodged an appeal yesterday, it seems, reference B2/2013/2478. Hearing window of 30/1/14 to 30/5/14.

I think this is another delaying tactic, lets hope it happens sooner rather than later.

bettys73

So if, as planned, I issue my NBA Thomson will no doubt quote the two year rule .... if I then proceed to County Court it may well be that any decision is set aside until there is a judgement from the High Court.

So it seems best to wait until after the appeal is heard. If Thomson lose at least it strengthens mine and many others' case.

SimonD316

bettys73 wrote: »

So it seems best to wait until after the appeal is heard. If Thomson lose at least it strengthens mine and many others' case.

Something has just struck me about that. If people delay starting action until the appeal is heard, and Thompson are laughed out of court lots of people may miss the real deadline to start action! Is this a tactic of theirs?

dxc_chappie

jimcbob wrote: »

They lodged an appeal yesterday, it seems, reference B2/2013/2478. Hearing window of 30/1/14 to 30/5/14.

http://casetracker.justice.gov.uk/listing_calendar/getDetail.do?case_id=20132478

darkwarrior

Might sound like a daft question but when returning my argument to the court do I address it to the Judge presiding over it? Not sure on the etiquette here.