Flight delay and cancellation compensation, Jet2.com ONLY

DrA_Harrogate

JPears wrote: »

Yet jet2 would have you and the courts believe that age of an aircraft has nothing to do with reliabilty and punctuality...

Greetings All


This came up in my hearing. Jet2's chief engineer maintained in his evidence that the age of an aircraft gad nothing to do with its reliability. I had found:


https://www.conklindd.com/t-howoldistooold.aspx


which is a paper from a specialist company showing quite clearly that older aircraft are (what a surprise) less reliable. I quoted this and Mr CE just waffled. Mrs Judge said that this was 'expert evidence' stuff and she had to ignore it. I remember saying that if he wasn't an expert what was he doing there?


AS


PS still awaiting white smoke from Liverpool.
PPS 2 friends have now taken proceedings against Jet2 and joined the fun.

NoviceAngel

DrA_Harrogate wrote: »

PS still awaiting white smoke from Liverpool.
PPS 2 friends have now taken proceedings against Jet2 and joined the fun.

Welcome back DrA,

I don't know if you've been keeping up to what's going on with Jet2? There is a test case Allen, due to be heard later this month at Liverpool, there should be some movement on all our cases after that.

Cheers,

NoviceAngel


EDIT :- I always wondered are you really a proper Doctor?

len49

Hi Doddy

See quote on //www.flightdelays.co.uk/blog/2014/1230/ryanair-lose-another-2-flight-delay-court-cases

On 2 Year Limitation Defence Ryanair Delays

The Scottish Court in Muriel Vergara and Brodie-Gael Vergara –v- Ryanair Limited (Appeal to the Sheriff Principal in Ayr Sherriff Court, case number CAYR35, 18th July 2014), independently reached similar conclusions to District Judge Benson in the English case of Banks -v- Ryanair (Bury County Court, case number A12YJ984, 5th August 2014).

Hope this helps

len

howticklediam wrote: »

Can you cite Scottish cases in an English Court? I've been looking for the answer but come up with nothing.

Vauban

This is very interesting - especially the write up of the Banks case. In that case, the claimant was able to show that the terms and conditions had changed since his original flight - but note the following:

The Judge based his decision on a technical point regarding the exact wording of Ryanair’s online terms and conditions. He said he would have allowed the Defence if Ryanair had been using their current terms and conditions when Mr Banks originally booked his flight.

I personally think that the restriction of the limitation period to two years represents an unfair term - but clearly the Banks' judge didn't agree!

richardw

Vauban wrote: »

....I personally think that the restriction of the limitation period to two years represents an unfair term.....

Exactly. It does and it is.

Where do they find these judges?

howticklediam

Vauban wrote: »

This is very interesting - especially the write up of the Banks case. In that case, the claimant was able to show that the terms and conditions had changed since his original flight - but note the following:



I personally think that the restriction of the limitation period to two years represents an unfair term - but clearly the Banks' judge didn't agree!

Thanks again guys. Another website to check out now.

howticklediam

len49 wrote: »

Hi Doddy

See quote on //www.flightdelays.co.uk/blog/2014/1230/ryanair-lose-another-2-flight-delay-court-cases

On 2 Year Limitation Defence Ryanair Delays

The Scottish Court in Muriel Vergara and Brodie-Gael Vergara –v- Ryanair Limited (Appeal to the Sheriff Principal in Ayr Sherriff Court, case number CAYR35, 18th July 2014), independently reached similar conclusions to District Judge Benson in the English case of Banks -v- Ryanair (Bury County Court, case number A12YJ984, 5th August 2014).

Hope this helps

len

Thanks. It's good to have all these cases to cite, the more the better. But the most senior so far has been an appeal in Scotland, which I am guessing cannot be considered in England. But it is also being tested at appeal level in Manchester in March.

NoviceAngel

richardw wrote: »

Exactly. It does and it is.

Where do they find these judges?

Couldn't agree more, this has always been my view. Unfair, unjust and illegal (in my view).

CJH1957

Hi all
I am aware of the situation re Jet2 cases being stayed and have just received an update from Botts re all airlines. What I am wondering is my claim was for denied boarding. Do you think this will be stayed until the Liverpool case is heard??? Many thanks

JPears

If your case is for denied bboarding, there should be very little reason for a stay. Denied boarding cases are usually more black and white with airlines having little defence. Was it a true denied boarding, not a cancellation?