Flight delay and cancellation compensation, Ryanair ONLY

NoviceAngel

Excellent work as ever Dr, Watson.

I assume that the ESCP procedure is also vulnerable to Jet2s appeal, when they announce it?

I think the appeal would be quickly dealt with, a few weeks not several months, but still my advice to your patients, is immediately write to the Courts, you never know your luck!

Cheers,

NoviceAngel

Dr_Watson

NoviceAngel wrote: »

Excellent work as ever Dr, Watson.

I assume that the ESCP procedure is also vulnerable to Jet2s appeal, when they announce it?

I think the appeal would be quickly dealt with, a few weeks not several months, but still my advice to your patients, is immediately write to the Courts, you never know your luck!

Cheers,

NoviceAngel

Novice,
Yes, of course the ruling given today could be (it will be) subject to an appeal application either jointly or individually by the airlines involved.
Any claims against Ryanair that are currently stayed using the ESCP are of course 'vulnerable' to this.
The ESCP is effectively a small claims route but, one that is specific for claims of a cross border nature, it is no more or less 'vulnerable' to an appeal application as any other claim that is probably using MCOL.

Any appeal application of course is just that- an application.
Just because the appeal is lodged doesn't mean it gets granted. What the airlines collectively or individually have to show good reason of is that, firstly an error in the application of the law and judgment has occurred, and secondly that there is a reasonable chance of success that any appeal may go in their favour.

The airlines have been clutching at straws for quite a while and, there are getting less of them to grab at..
As Judge Jenkinson said, ' it's time to draw a line, Justice delayed is Justice denied'.

So while Ryanair are on the floor ...go and kick them.
If they've put your claim on hold because of this, it's time to undo it.

Guliver_Santinni

Well after three letters to Ryanair and a popular no win no bott company who refused to take my case for reasons unknown the CAA came good...happy days €750 the better


"Thank you for your patience with us while we investigated your complaint about the disruption of flight FR8246 on 3rd August 2014.

Following our intervention, the airline has reassessed your flight and have informed us that the disruption of your flight is of a type which means that compensation is payable. It appears from the documentation provided, that the disruption was within the control of the airline and could have been avoided. Therefore this disruption does not fall under the extraordinary circumstances’ exception of the Regulation. As such, the airline has agreed you are entitled to compensation.

The airline has confirmed they will be contacting you to arrange payment. We have therefore closed your file as the complaint has been resolved.

Regulation EC261/2004 specifies that the compensation shall be paid as monetary compensation or with the signed agreement of the passenger in travel vouchers and/or other services. If you have not been offered a choice of monetary compensation, please contact your airline again with your preference.

Please allow time for the payment to be processed. If you do not hear from the airline within 4 weeks, please contact them directly with a copy of this letter

Mark2spark

Guliver_Santinni wrote: »

Well after three letters to Ryanair and a popular no win no bott company who refused to take my case for reasons unknown the CAA came good...happy days €750 the better


"Thank you for your patience with us while we investigated your complaint about the disruption of flight FR8246 on 3rd August 2014.

Following our intervention, the airline has reassessed your flight and have informed us that the disruption of your flight is of a type which means that compensation is payable. It appears from the documentation provided, that the disruption was within the control of the airline and could have been avoided. Therefore this disruption does not fall under the extraordinary circumstances’ exception of the Regulation. As such, the airline has agreed you are entitled to compensation.

The airline has confirmed they will be contacting you to arrange payment. We have therefore closed your file as the complaint has been resolved.

Regulation EC261/2004 specifies that the compensation shall be paid as monetary compensation or with the signed agreement of the passenger in travel vouchers and/or other services. If you have not been offered a choice of monetary compensation, please contact your airline again with your preference.

Please allow time for the payment to be processed. If you do not hear from the airline within 4 weeks, please contact them directly with a copy of this letter

I just had to check that it's not April 1st.... you mean the CAA came good!!??

Swoons....

Well done :T

Mark2spark

NoviceAngel wrote: »

I think the appeal would be quickly dealt with, a few weeks not several months, but still my advice to your patients, is immediately write to the Courts, you never know your luck!

Maybe one for the Magpie, but afaia, the app to appeal will go before the same court? Which I think will mean it'll be denied.
But I also think there is an option to then go to the High Court and appeal the refusal to appeal.
Which I also think would be dealt with swiftly as there's no new points of law.

Vauban

Mark2spark wrote: »

Maybe one for the Magpie, but afaia, the app to appeal will go before the same court? Which I think will mean it'll be denied.
But I also think there is an option to then go to the High Court and appeal the refusal to appeal.
Which I also think would be dealt with swiftly as there's no new points of law.

Can you really appeal this to the High Court? It's only a case management decision after all (at least formally). I have no idea ...

JPears

Guliver well done, but we will congratualate you more fully when you have the money in your account....

NoviceAngel

Mark2spark wrote: »

Maybe one for the Magpie, but afaia, the app to appeal will go before the same court? Which I think will mean it'll be denied.
But I also think there is an option to then go to the High Court and appeal the refusal to appeal.
Which I also think would be dealt with swiftly as there's no new points of law.

Vauban wrote: »

Can you really appeal this to the High Court? It's only a case management decision after all (at least formally). I have no idea ...

From talking to the people that know on the day, I do believe that I've fairly summarised the expected route that this case will take

PM time

Dr_Watson

Mark2spark wrote: »

I just had to check that it's not April 1st.... you mean the CAA came good!!??

Swoons....

Well done :T

Well done indeed, ' it doesn't matter how you score them, as long as they go in'.:beer:

Justice13075

Just spoke to Bott & Co who informed me that the airlines have 21 days to appeal and that Ryanair have indicated that they will appeal but have not done so yet.