Flight delay compensation, all other EU airlines

mjan

I'm very grateful to Tyzap for his comments and PM's and would like to ask if anyone else could have a look at TAP's defence so I could gather a few more ideas for my court case next week.

http://s568.photobucket.com/user/e106nf/library/

Apparently, a problem was detected circa 6 am on the day of the flight when the plane arrived at Lisbon from Rio. My flight was supposed to leave at 10am. According to the maintenance records (that don't mention anything about a bird strike) they started looking at the engine at 7am. The plane didn't depart until 2pm.
The only mention of bird strike is on TAP's internal communications. The maintenance reports don't mention it at all.

If I could get some extra opinions from members of this forum I would appreciate.

Thanks

mjan

Just a quick note to say that I won my case against TAP this morning.


The Judge found that Bird Strikes are NOT Extraordinary Circumstances.


Thanks to Vauban for the great guide and to Tyzap for the PM's and encouragement.

JPears

Excellent news, well done you. Enjoy your compensation.
Interest and any costs awarded?

mjan

I was so shocked and excited when the judge agreed with me that I forgot all about interest, :rotfl:
But got all costs, traveling, postage, printing and 1/2 days wages.
Doesn't matter I'm just happy I won!

Tyzap

mjan wrote: »

Just a quick note to say that I won my case against TAP this morning.


The Judge found that Bird Strikes are NOT Extraordinary Circumstances.

Thats great news, congratulations.:beer:

Vauban

mjan wrote: »

I was so shocked and excited when the judge agreed with me that I forgot all about interest, :rotfl:
But got all costs, traveling, postage, printing and 1/2 days wages.
Doesn't matter I'm just happy I won!

Brilliant news - did TAP show up? Tell us the gory details!

mjan

Yes, TAP sent a Portuguese solicitor to argue their case. I have a feeling they flew her all the way from Lisbon because she knew very little about the Huzar judgements and kept on banging on about the NEB list.
If she was based in their London offices she should be aware of the above.


I'm not saying she was incompetent as the case they put together was not bad but she relied to much on their evidence of a bird strike and thought the CAA and NEB lists were binding when they are just guidance.


My main points were taken from both Huzar appeals and from the recent Ash v Thomas Cook at Manchester CC and, at the end, I managed to give the judge enough information for him to decide that it was NOT an EC.


By the way, does the court send a copy of the judgement to the parties or do I need to ask them for one?

mjan

howticklediam wrote: »

Interesting - is there any documentation/cases that show the NEB list is not binding?

Huzar v Jet2 appeal:


http://www.bottonline.co.uk/wp-content/uploads/2013/10/179933236-Jet2-appeal.pdf

The second half of point 29 disregards the NEB list and gives reason for this.


Also on the first page of the list it says "a non-exhaustive, non-binding list of extraordinary circumstances" or something similar.

howticklediam

mjan wrote: »

Huzar v Jet2 appeal:


http://www.bottonline.co.uk/wp-content/uploads/2013/10/179933236-Jet2-appeal.pdf

The second half of point 29 disregards the NEB list and gives reason for this.


Also on the first page of the list it says "a non-exhaustive, non-binding list of extraordinary circumstances" or something similar.

Thanks - I just deleted my question because I realised how obvious the answer is. Anyway, thanks for the info and well done to you.

It's amazing they can be bothered to fly someone in to defend your case. I'm in court against J2 soon, and I have a feeling they will be pulling out the NEB list.

Vauban

What a waste of money from TAP. Really beggars belief.

mjan wrote: »

By the way, does the court send a copy of the judgement to the parties or do I need to ask them for one?

You will get a copy of the Order in due course. If you want a transcript of the full judgement, you have to pay for it.