Flight delay compensation, all other non-EU airlines

JPears

Use the rate applicable on the date of the delay. If it goes to court the judge will decide on the actual rate.

iggy12a

Justice13075 wrote: »

Did you have one ticket from London to Krabi via Kuala Lumpur or did you have 2 seperate tickets one from London to Kuala Lumpur and then one from Kuala Lumpur to Krabi?

It was one ticket from London to Krabi via KL

iggy12a

I have now initiated a small claim. Malaysia Airlines' solicitors have defended the claim, referring to the same precedent quoted by Emirates, namely the 'Sanghvi v Cathay Pacific Airways' case, which was set in the High Court. Is there any point in continuing? Has anyone actually won a small claim against the Emirates' defence?

Vauban

I am aware that one claimant, Juni, won n court against Emirates earlier this month.

I would argue that the Sanghvi judgement was eclipsed by the Folkerts judgement in the higher court (ECJ) two years later. But it isn't straightforward. As there was a delay in the EU part of the flight, though, I think you have an arguable case.

juni

Hello everyone

We won our case against Emirates in the county court last month.
We argued the very point Vauban has referred to above and won €600 per person there were 4 of us plus our court cost so.

Emirates used the law company DLA Pipers and beforehand we received 2 big files with lots of paperwork containing details of similar cases that they had won and letters advising us our case was merit less and if we continued we would have to pay their costs luckily we continued and won.
They did not ask to appeal and we now have the money so the little people can win against the big boys.

sadly as it is in a county court it doesn't set a precedence on the day it is down to the judge as to whether your claim is within the scope

Good luck everyone

Ryan23Watson

Hi All

New to forums so not sure where to post this. I need some help. I have used the resolver website for a delayed flight we had last year. It was from London to Bangkok via Dubai. The first leg was delayed several hours which meant we missed our connection to Bangkok and had to wait over 6+ hours. We booked the flights with an operator as one ticket. The first flight was listed as Emirates operated by Qantas. I understand it is your arrival at your final destination that is key. Below is the latest response. Do we have a case?

Thanks for your help.

Ryan

---

Dear Ryan,

Thank you for contacting us again.

I understand your journey to Bangkok consisted of two separate flights, the first being Qantas operated flight QF2 from London to Dubai, and the second an Emirates operated flight EK370 from Dubai to Bangkok.

Your flight with Qantas arrived in Dubai with a delay of 2 hours and 50 minutes. Compensation under EC261 does not apply for flights that are delayed less than 3 hours.

Qantas is not a Community carrier and Dubai is not a European port. This means that the European Regulations do not apply to flights that are departing Dubai. This is consistent with the UK High Court’s decision in Sanghvi v Cathay Pacific Airways that the European Regulation does not apply for missing flights outside the UK.

In Sanghvi, the passenger bought a return ticket from London to Sydney via Hong Kong with Cathay Pacific. The flight from London to Hong Kong was delayed, causing the passenger to miss their flight to Sydney. The High Court held the relevant arrival time for assessing compensation under EC261 was that in Hong Kong, not Sydney.

As you missed your flight from Dubai, and your Qantas flight was delayed less than 3 hours, the European Regulation is not applicable in this instance.

fifeken

Ryan,
Read back this thread a few pages and there are examples of people winning such cases, but you'll need to go to court to do it and it's not guaranteed.

iggy12a

Hello

Can anyone else who has been successful in the Small Claims Court against a non EU carrier please private message me for tips on how you did it? And indeed if anyone has lost their case, it would be useful to know the volume of cases we are talking about.
My understanding is that the Sanghvi judgement set a precedent in the UK. The Folkerts judgement is in theory in a higher court but as it is in an EU court it does not set a direct precedent for a UK court to follow, and it seems to be up to the Small Claims judge to decide on an individual basis.
Thanks in advance
Ian

TravelCork

I had success in a compensation claim against Malaysian Airlines for a delayed flight to Kuala Lumpur. However, I went to Bott & Co on a no win no fee basis after being fobbed off by their Customer Services department and they handled everything for me. It did take some time but I think that is the nature of any claim through the courts but it was pretty easy in terms of what I had to do. In fact I got more than I expected.

fifeken

iggy12a wrote: »

Can anyone else who has been successful in the Small Claims Court against a non EU carrier please private message me for tips on how you did it? And indeed if anyone has lost their case, it would be useful to know the volume of cases we are talking about.

Why private message? Why not put it on the forum to benefit everyone?

Up to the sender of course, but it seems an odd request.