Thomson Claim 2 years limit to claim

glentoran99

Vauban wrote: »

Thomson are reported as saying:

"We believe it is reasonable to expect those who perceive they have suffered a real loss as a result of an unfortunate delay should be able to make their claim within two years.

"We also continue to believe that the law stipulates this and we are therefore surprised by today’s judgment.

"If unchallenged, this judgment could have a significant impact on the entire airline industry and specifically upon the price that all air travellers would need to pay for their flights.

"We therefore confirm that it is our intention to seek an appeal to the Supreme Court.”

Did they copy and paste jet 2 's losing statement?

Star9272

Centipede100 wrote: »

Judgment in full available at the bottom of this page from Bott and Co:
http://www.bottonline.co.uk/aviation-latest-news/judgment-summary-dawson-v-thomson-airways

There seems precious little wriggle room for the defence to successfully petition the SC for leave to appeal against this judgment.

Mr. Dawson began these proceedings in December 2012, just before the six year limitation period under section 9 of the Limitation Act 1980 expired.

Sadly for me I've only got 2 days before my 6 years is up - not enough time

razorsedge

glentoran99 wrote: »

Did they copy and paste jet 2 's losing statement?

https://forums.moneysavingexpert.com/discussion/comment/64086737#Comment_64086737

Vauban

Centipede100 wrote: »

Judgment in full available at the bottom of this page from Bott and Co:
http://www.bottonline.co.uk/aviation-latest-news/judgment-summary-dawson-v-thomson-airways

There seems precious little wriggle room for the defence to successfully petition the SC for leave to appeal against this judgment.

Yep. Just read it. It seems a pretty open and shut case. If you accept as a point of principle that the reasoning, as well as the conclusions, of the European judgements are part of UK law then there's no other real conclusion. ECJ has said 261/04 sits outside Montreal - and so therefore it does!

I agree with glen that Thomson's public response is terrible. Who writes these??

dxc_chappie

socrates1882 wrote: »

Copy judgment on the Bott site now. Scroll to the bottom, link there.

http://www.bottonline.co.uk/aviation-latest-news/judgment-summary-dawson-v-thomson-airways

It's also on BAILII now as well: Dawson v Thomson Airways Ltd [2014] EWCA Civ 845 (19 June 2014)

A_Flock_Of_Sheep

According to This is Money Thomson "intends to launch and appeal bid to the Supreme Court".

They won't roll over and die on this will they :rotfl::rotfl:

legal_magpie

"They would say that wouldn't they"

I cannot see that they have a leg to stand on. The CA has confirmed that the EU regulations are "stand alone". They have confirmed that Judge Yelton came to the right conclusion for the right reason.

They would have to get permission to appeal either from the Court of Appeal (they may have asked already and been turned down) or from the Supreme Court itself. They would only get it if the Supreme Court certified that it was a matter of national importance.

It should also be remembered that many cases were put on hold because Thomson refused to pay until the European Court's appeal in Nelson was heard. This caused delay in numerous cases where people (including me) didn't issue proceedings.

Dawson will also be of limited importance in years to come because now that people are aware of their rights they are more likely to claim within 6 months let alone 2 years. Also not all airlines have insisted on the 2 year point so if Thomson have a huge backlog they have only themselves to blame.
JJ

A_Flock_Of_Sheep

I's like to know how Thomson's preminenet QC is doing right now. Not so clever now are they Thomson.

I think we should all call up their legal office and gloat.

jenn1ewest1

decided to be quick off the mark today and have E-mailed Mr Moran regarding my case being stayed back in November and here is their latest delaying tactics reply

Many thanks for your email. As per our recent press release, Thomson Airways will be seeking leave to appeal to the Supreme Court. We now have 28 days to file this application, at which point a consideration without a hearing will be made as to whether any further appeal should be granted.

The Supreme Court remains in session until the end of July and will not return until October. It is therefore highly unlikely that our application will be considered before the recess.

As the prospect of a further appeal potential means the Court of Appeal decision is not final, we will be respectfully requesting that the Court to continue the stay of proceedings until the application has been considered.

Yours sincerely

Tony Moran
TUI UK & Ireland:mad:

Skid_Marks

jenn1ewest1 wrote: »

decided to be quick off the mark today and have E-mailed Mr Moran regarding my case being stayed back in November

Stay positive.....where else can you get 8% interest on an investment? Thomson really are shooting themselves in the foot by raising the profile of compensation claims and having to pay interest backdated.