Flight delay and cancellation compensation, Easyjet ONLY

David_e

sarahb-s wrote: »

Help- where do we turn to next?

This particular forum concerns flight delays although I am sure somewhere on the MSE site there will be discussion about this kind of thing.

I suspect that your rights are probably under contract/consumer law as you haven't got what you paid for, it appears.

Vauban

David_e wrote: »

This particular forum concerns flight delays although I am sure somewhere on the MSE site there will be discussion about this kind of thing.

I suspect that your rights are probably under contract/consumer law as you haven't got what you paid for, it appears.

I have reported the post and asked for it to be moved to the holidays forum.

Let's keep this thread on topic.

stevew48

stevew48 wrote: »

Hi,

My claim for compensation is currently awaiting a court date from Liverpool County Court. (original post 775 p39). However, following the submission of the defence from easyjet the judge is not satisfied with their defence saying that it lacks 'particularity as to the facts and matters on which the defendent relies for contending reasonable measures taken to avoid delay'. Furthermore, he has ordered that by 13th May 2014 they should provide an 'Amended Defence particularising the source and cause of the smoke smell' . Otherwise the defence will be automatically struck and I can enter a judgement.

It will be interesting to see if they respond bearing in mind that at the airport the pilot informed all passengers that it was a faulty air conditioning unit which caused the initial delayed departure from Rome.

I will update next week.

Steve w

Hi,

I have now received easyjets ammended submission to the judge
they state that the source and cause of the smell was identified as coming from the engines. I have discussed this with military propulsion engineers and they tell me that when an oil seal goes in an engine this does cause fumes which pass into the air conditioning and hence into the cabin plus they tell me that this kind of fault whilst not an everday occurence is not uncommon. I have checked Flightstats and the aircraft should have departed Rome at 7.15 am but actuallly departed at 09.21. We were advised that the plane had a delayed departure from Rome due to a technical problem with the air conditioning. Therefore, I suspect that the smoke in the cabin was in fact evident on the earlier flight to Rome and after investigation by groundcrew the decision was made to take the aircraft by to its MOB at LGW. Am I correct in assumming that if we get a court hearing that easyjet will have to provide a full log of faults for the aircraft in the days prior to and including the flight date ? If not can I request the information via FOA request ?

Stevew48

David_e

stevew48 wrote: »

Am I correct in assumming that if we get a court hearing that easyjet will have to provide a full log of faults for the aircraft in the days prior to and including the flight date ?

I believe you can ask for this kind of information at that stage.

stevew48 wrote: »

If not can I request the information via FOA request ?

If you mean FOI, that only applies to public bodies, not commercial.

I read Mark2Spark's previous comments which seemed to make a lot of sense:

https://forums.moneysavingexpert.com/discussion/comment/64886197#Comment_64886197

roly_04

Anyone Advise on this.

Easyjet have refused me compensation on a 10 hour delay citing the flight was delayed due to an unexpected safety shortcoming therefore the delay was beyond their reasonable control.

Is this right what they are saying or should I go to the CAA.

Thanks

111KAB

roly_04 wrote: »

Is this right what they are saying or should I go to the CAA.

Do not go to CAA but do go to EasyJet thread.

roly_04

Easyjet have refused me compensation on a 10 hour delay citing the flight was delayed due to an unexpected safety shortcoming therefore the delay was beyond their reasonable control.

Is this right what they are saying or should I go to the CAA.

Thanks in advance

Vauban

roly_04 wrote: »

Easyjet have refused me compensation on a 10 hour delay citing the flight was delayed due to an unexpected safety shortcoming therefore the delay was beyond their reasonable control.

Is this right what they are saying or should I go to the CAA.

Thanks in advance

Neither.

Stumped? Visit the FAQs on page one ...

richardw

Ask easyJet to fully detail and fully describe events leading up to the delayed departure of your flight and the reasonable measures taken to minimise the long delay to your flight.

Also have a thorough read of the FAQs.

stevew48

stevew48 wrote: »

I first posted about my delay above in November and after several emails and letters to Easyjet I decided to commenced legal proceedings by issuing a small claim via MCOL. Mark2Spark responded to the above post and in his opinion smoke in the cabin does not constitute an extraordinary circumstance.

Easyjet's defence relies on Sturgeon C-402/07 & C-432/07 as well as Nelson C-581/10 & C-629/10 and also McDonagh C12/11 AG Bot .
Easyjet state that during the cruise phase of the previous flight to LGW the cabin crew reported a smell of smoke in the cabin. They state that this is a non dispatch issue as per Airbus aircraft operational guidance. When the aircraft landed they say that the aircraft was taken out of service for a full investigation to be carried out.

As mentioned above the Captain of the aircraft came the gate to apologise for the delay which he said was caused by a faulty air conditioning unit which had initially started to malfunction on an early flight.

Easyjet further state that
An easyjet engineer investigated and the following action was taken

a) The investigation found that the issue was coming from the engineers
b)A pack burnout was completed and the issue was rectified as 15:00Z


Both the above appear not to make sense to me.

They further say that ;

The safety issue arising from the smoke was totally unexpected, unforeseen and no reasonable measure could identify any problems which would cause an issue before it actually occurs.

They go on to quote the Montreal convention and then para 25 and 26 of Wallentin-Hermann. However, easyjet believe that they have a real prospect of defending the claim because of a number of points.

Briefly these are That the technical defect did not come to light during maintenance, The issue arose during the actual operation of the flight forcing the aircraft to divert to the nearest airport -
The aircraft landed at LGW delayed but as expected from its outbound journey it did not divert back-



Also mentioned is As recently as 12 Apri 2013 European regulators published preliminary list of issues which are deemed to be extraordinary Easyjet are using smoke, fire fumes on board the aircraft unless the problem has been caused by a part not being maintained iaw the required maintenance program or due to a failure to follow appropriate operational procedures.

Easyjet further quote para 67 of Sturgeon in that having recognized the estimate repair was 3-4 hrs they swapped the flight for a spare aircraft. This took 2 hrs to prepare in addition the technical issue which caused the delay. Hence the flight was delayed by 3hrs 18 mins arriving at PFO.

Our flight was to FCO not PFO !!!!

I apologise for the length of this post but I have seen few if any posts about smoke in the cabin and whilst I am grateful of the original response of mark2 Spark I would also appreciate the thoughts of the other legal whiz kids inc Coby Benson and Legal Magpie amongst other esteemed posters.

Many thanks

Steve w

Hi all,

Today iIreceived my letter from the court informing me that the case is to be heard on Wed 4th June in Liverpool. The following is an extract of the letter:
'The court having considered the file AND having particular regard to :
(a) The particulars of 'extraordinary circumstances 'pleaded in the defence.
b) The judgement of HHJ Platts in the appeal of Huzar vJet2.com (heard on 15/10/13)

IT IS ORDERED THAT
1. The Defendent shall file an amended defence substituting enines for engineers in para 12(b) of the defence
2.List is CMC on 4th June estimated length 1 hr for Defendent to show why such an Amended Defence should not be struck out pusuant to CPR Part3.4(2)(a). The hearing may be conducted by telephone conference
3. Any skeleton arguements shall be exchanged between parties and filed with the court no later than 3 days before the date set for the hearing.

A relatively short timespan for me to submit a skeleton argument so

How do I start and what should include in my skeleton arguement ?

Is PM the best format to conduct information based on who may also be reading the forum ?

Any advice /pointers on the above gratefully received

Steve W