Thomson Claim 2 years limit to claim

111KAB

http://www.bbc.co.uk/iplayer/episode/b039c5d7/You_and_Yours_Delayed_Flights_Email_Hackers_and_Ho me_Sprinklers/

dxc_chappie

111KAB wrote: »

http://www.bbc.co.uk/iplayer/episode/b039c5d7/You_and_Yours_Delayed_Flights_Email_Hackers_and_Ho me_Sprinklers/

Does anyone (CobyBenson?) know when Thomson's appeal against the Dawson CC ruling is set for?

JPears

nigelpm wrote: »

FWIW, I might have the first case of a district Judge striking my claim out because of the Montreal convention. See:

https://forums.moneysavingexpert.com/discussion/4384699

What has happened since? Any update?

CobyBenson

dxc_chappie wrote: »

Does anyone (CobyBenson?) know when Thomson's appeal against the Dawson CC ruling is set for?

No date set yet, but we probably won't step inside a court room until at least early 2014 and after that we'll still have to wait some time for the Judgment to be handed down.

Vauban

CobyBenson wrote: »

No date set yet, but we probably won't step inside a court room until at least early 2014 and after that we'll still have to wait some time for the Judgment to be handed down.

Is it likely that Thomson - or other airlines - will seek to stay any judgement outside of two years until the appeal is heard? And are judges likely to agree to this, if so?

CobyBenson

If the airlines want to stay a case then they will need to make an application to the court in each individual case.

I've only seen Thomson and Jet2 plead this argument so I'd be surprised if any of the other airlines jump on the band wagon now - especially in light of the Dawson v Thomson Airways Ltd case.

The case of Harrison v Black Horse considered the factors to be taken into account when considering a stay pending an appeal.

In that case the Judge took into account proportionality and prejudice when allowing a stay. It was decided that costs would be saved and there would be no prejudice to the claimant in him waiting a while longer to get a decision.

Representing a Claimant, I would argue that the Judgment was so emphatict hat there will be no benefit in awaiting the outcome of the appeal. I would also refer to the Judge’s use of the word ‘specious’ when describing Thomson’s argument.

Vauban

Interesting write up of the above discussion:

http://www.thisismoney.co.uk/money/holidays/article-2409736/Legal-loophole-airlines-use-refuse-flight-delay-compensation.html?ito=feeds-newsxml

Mark2spark

Coby, has a transcipt been printed yet on a site like Bailii? (Of the Dawson case I mean.)

CobyBenson

Mark2spark wrote: »

Coby, has a transcipt been printed yet on a site like Bailii? (Of the Dawson case I mean.)

The Judgment only came from the County Court so it won't appear in any law reports.

Fortunately however the Judge provided his Judgment in written form and there's a link to it at the bottom of the article here:-

http://www.bottonline.co.uk/articles/what-to-do-when-airline-argues-compensation-must-have-been-within-two-years

I'd encourage any Claimants facing this argument to rely on the new Dawson v Thomson Airways Ltd Judgment.

dxc_chappie

CobyBenson wrote: »

The Judgment only came from the County Court so it won't appear in any law reports.

Fortunately however the Judge provided his Judgment in written form and there's a link to it at the bottom of the article here:-

http://www.bottonline.co.uk/articles/what-to-do-when-airline-argues-compensation-must-have-been-within-two-years

I'd encourage any Claimants facing this argument to rely on the new Dawson v Thomson Airways Ltd Judgment.

And there's also the 2yr vs 6yr successes of davidbrian55 reported in #2467 and MAX888 reported in #2715. It would be good to get transcripts of those cases to add to claimants' arsenals (I know, CC cases don't create precedents). I suppose the significance of the Dawson ruling was that it was made by a Circuit Judge instead of a DJ.