Flight delay and cancellation compensation, Jet2.com ONLY

jhan1978

As previously posted I was successful against Jet 2 at Edinburgh Sheriff Court. The decision was subsequently appealed to the Sheriff Principal and then sisted (stayed) pending the Huzar application for leave to appeal.


I am pretty sure Jet 2 will now seek to have the sist continued in line with what they appear to be doing in England relying on the KLM case. In my view the answer to that lies obviously with the Court of Appeal judgment in Huzar, Wallentin and although it doesn't seem to have been highlighted Sturgeon where at para's 70 - 72 the ECJ is fairly dismissive of a referral of the question on whether technical faults amount to extraordinary circumstances saying Wallentin had already dealt with that. I see no reason why the ECJ in the KLM case will not simply be just as dismissive of the referral.


I will keep the form advised on how I get on

NoviceAngel

jhan1978 wrote: »

I see no reason why the ECJ in the KLM case will not simply be just as dismissive of the referral.

Absolutely, but will the judges be tempted to put cases on hold, while waiting for the Dutch case?

I can't see it myself, our Supreme Court has ruled on the matter, and I can't see Jet2 getting through the boarding gate this time.

It shouldn't take long before we get to know, I and many others have written to the Courts asking for the 'stays' to be lifted, together with the cases Bott represent so news should filter through very soon I hope.

glentoran99

NoviceAngel wrote: »

Absolutely, but will the judges be tempted to put cases on hold, while waiting for the Dutch case?

I can't see it myself, our Supreme Court has ruled on the matter, and I can't see Jet2 getting through the boarding gate this time.

It shouldn't take long before we get to know, I and many others have written to the Courts asking for the 'stays' to be lifted, together with the cases Bott represent so news should filter through very soon I hope.

I actually dont think they can, from what i have read the dutch case was included in Jet 2 supreme court submission and as we know that was thrown out, the law is set a judge cant overrule the supreme court

LustForLeith

Howdy!

I was delayed by eight hours in 2007 and told not to complain as I didn't have a leg to stand on!

Now the rulling appears to have changed I emailed Jet2. They sent me a note of the complaints process I have to follow but they're looking for a copy of the boarding pass or booking reference.

As it was in 2007 I don't have the boarding pass and I can't find the booking reference. Is it worth pursuing this or am I wasting my time?

Thanks in advance! As always great hekp on this!

111KAB

LustForLeith wrote: »

As it was in 2007 I don't have the boarding pass and I can't find the booking reference. Is it worth pursuing this or am I wasting my time?

Wasting your time as out of date (6 years)

LustForLeith

111KAB wrote: »

Wasting your time as out of date (6 years)

I thought it changed to allow delays since 2005?

glentoran99

LustForLeith wrote: »

I thought it changed to allow delays since 2005?

Eu rules say that yes, but its needs to be witin 6 years to be able to take court action and therefore force the airline to pay

Caz3121

LustForLeith wrote: »

I thought it changed to allow delays since 2005?

Correct but the time limit to take it to court it determined by which country in the EU you are. In Scotland this is 5 years, in England and Wales this is 6 years
You can make your claim and the airline knows that they can reject the claim or ignore you and what can you do about it if it is over 6 years....absolutely nothing (I have not seen any reports of any airlines paying out for delays over the court cutoff limit)
This is all covered in the FAQs

DrA_Harrogate

Received a rather bizarre letter from the Court, saying the Judge had heard nothing from Jet2 and therefore decided in my favour UNLESS Jet 2 get in touch this week (to say what, one wonders?). 2birds said they were going to do that, but have not done so yet. Bated breath.

NoviceAngel

DrA_Harrogate wrote: »

Received a rather bizarre letter from the Court, saying the Judge had heard nothing from Jet2 and therefore decided in my favour UNLESS Jet 2 get in touch this week (to say what, one wonders?). 2birds said they were going to do that, but have not done so yet. Bated breath.

and when you say 'decided in my favour' I assume you mean to lift the stay and continue to a hearing?

That's strange because when I received an email from deux oiseaux last week they had written to the Leeds County Court asking for stays to remain in place over a 'number' of cases. In fact, I recall their letter to the courts getting posted on here last week, I'm not sure if it's the same letter that's gone to all the courts, but I bet it's similar. Keep us posted DrA!