Flight delay and cancellation compensation, Jet2.com ONLY

Reg_Hedge

So a recorded delivery letter has gone off to J2 this morning which pre-empts every potential defence they could throw at me, including that I had signed away my rights, or that it could be an EC (which should be invalid in a case of denial of boarding).


Interested to know the thoughts of the esteemed regulars here (and I am jumping forward a stage or two I know). Do the defendants in a county court case have the right to provide two completely separate defences to one case? I seem to recall *somewhere* that you can only give one defence; you cannot give one defence and then rely on another if the first one fails? A google search wasn't too helpful.


In the context of my case; if Jet2 state in defence that we had waived our rights by signing the letters accepting free flights, then can they also go on to cite EC as a secondary defence if the first one fails? Or do they need to choose one or the other?


Thanks in advance

NoviceAngel

Reg_Hedge wrote: »

..... Do the defendants in a county court case have the right to provide two completely separate defences to one case? I seem to recall *somewhere* that you can only give one defence; you cannot give one defence and then rely on another if the first one fails? A google search wasn't too helpful.


In the context of my case; if Jet2 state in defence that we had waived our rights by signing the letters accepting free flights, then can they also go on to cite EC as a secondary defence if the first one fails? Or do they need to choose one or the other?


Thanks in advance

Jet2 can bring up as many defences as they please all would need to be set out in their court bundle, which you should receive a copy of before any hearing date.

It is very common that J2 will have multiple reasons for denying a claim, very often if one doesn’t work dropping back to another and another but all should be in their bundle to give you an opportunity to do your own research.

An EC isn’t really anything to do with this case as it’s just a straightforward denial of boarding.

Good luck

legal_magpie

It is quite common for there to be alternative defences. For example a Defendant may take issue with the facts but then go on to say that even on the Claimant's version of the facts, he is still not liable for various reasons. In your case, Jet2 might well argue both on the basis that if they succeed on the "full and final settlement point", the rest of the claim is academic but if they fail on the first point they have a complete defence on the merits. I wouldn't worry too much about the niceties of the law. In my view, they will fail on both.

Reg_Hedge

Thanks both. I'm a bit away from that just yet, just planning ahead!

NoviceAngel

It is a very interesting case because of the signed agreement, I must admit to being less optimistic than both Tyzap and Legal Magpie but they have a plethora of experience between them and I’m always pessimistic. So let’s hope they send you a cheque by return post!

JPears

Novice - as legal states, its a basic consent issue as much as anything else. The OPs were expected to potentially sign away rights, under a degree of duress, without receiving a full explanation of those rights.
The airline is legally required to provide that information. We all know they don't as a matter of course but that doesn't make it the norm.

Reg_Hedge

Folks - while I await a response from J2, I'm interested in your thoughts on our out of pocket expenses please?

We refused J2's offer of road transport back to Manchester from Glasgow. The reason for this was two-fold - firstly I didn't really want an elderly lady on a minibus for probably 4 or 5 hours, and secondly we would still have needed to get back to Yorkshire form Manchester Airport which would have been another couple of hours at least - plus the rail tickets we had bought from Manchester back home were only valid for the previous day, and hence we would have needed to have paid that train fare again (at the full walk-up price).

We therefore chose to make our own travel arrangements by train directly back home from Glasgow.

In total, I'm out of pocket right now by nearly £200, which I have advised J2 that I expect them to reimburse. However the legal position with those costs is a lot less clear to me than the 400E compensation due under EC261.

What are your thoughts please folks? Thanks in advance.

jpsartre

Reg_Hedge wrote: »

In total, I'm out of pocket right now by nearly £200, which I have advised J2 that I expect them to reimburse. However the legal position with those costs is a lot less clear to me than the 400E compensation due under EC261.

I doubt you have a legal claim. While your reasons for making your own arrangements home make sense, the fact is the airline's obligation was to get you to MAN which they offered they do. That's not to say Jet2 won't reimburse as a gesture of goodwill of course which seems to me a fairly reasonable thing to do given the circumstances of your case. It might also be worth checking to see if your travel insurance can help.

NoviceAngel

Ohh I’ve just received a nine year badge, lucky me - just shows how old I am!

I also doubt J2 will consider ‘extra’ compensation that you are due, but my advise would be go for it....

But it all depends on the denied boarding, because if they are found guilty, then surely they should pay any other out of pocket expenses incurred?

Ermmm interested to learn of more informed views than myself ....

jpsartre

NoviceAngel wrote: »

But it all depends on the denied boarding, because if they are found guilty, then surely they should pay any other out of pocket expenses incurred?

With respect to this particular issue (rerouting costs) it doesn't really matter why the passenger was denied boarding since duty of care applies regardless. The passenger absolutely should be offered transportation to the final destination (i.e. MAN) but if I understand Reg Hedge correctly, Jet2 did offer this.