Thomson Claim 2 years limit to claim

nigelpm

My view is that if T were stating that the 2 year limit applies to commencing legal proceedings, then that would directly conflict with Statute of Limitations at 6 years and they will have a very, nay extremely shaky case on their appeal.

Agreed but they have been given the right to appeal by Cambridge County Court.

Quite a few of us had claims from more than 2 years ago (but weren't 2 years at the time of the initial claim to relevant airline), but had put legal action on hold until the end of last year when the definitve Sturgeon ruling was made.

Join the club. I wrote to them on numerous occasions as well shortly after my delay - all this evidence will be going in my letter to the court shortly to ask them to reject Thomson's stay if indeed the court agree to stay the claim.

JPears

Does anyone know what support, legal or financial Dawson is getting in the appeal case?

emptysuit

Hi, i am in court with Thomsons later this month and have just had a letter that has been sent to the court from Thomsons requesting a stay due to the pending decision of the court of appeal on the Dawson case which they consider will shape the outcome of my case. I note that you say that there appears no appeal lodged and apart from sending me a list of appeal reasons, there is no date mentioned. Does anyone know if this is going to appeal and when?

dxc_chappie

emptysuit wrote: »

Hi, i am in court with Thomsons later this month and have just had a letter that has been sent to the court from Thomsons requesting a stay due to the pending decision of the court of appeal on the Dawson case which they consider will shape the outcome of my case. I note that you say that there appears no appeal lodged and apart from sending me a list of appeal reasons, there is no date mentioned. Does anyone know if this is going to appeal and when?

No surprises there then! I expect the same letter soon as my case has been rescheduled for later this year.

The Dawson case is under appeal awaiting a date to be set (window of Jan to May 2014). See:
http://casetracker.justice.gov.uk/listing_calendar/getDetail.do?case_id=20132478

Mark2spark

But you could get the judge to proceed with the case, and just stay the actual payout based on the dawson decision, (if successful of course ) rather than waste court time again later on in the year?

emptysuit

Very helpful, thanks for the exact info and advice i was looking for. Will post the outcome.

emptysuit

It would seem that Thomson Airways have had a change of heart though as originally they defended my claim on both the EC and 2 year limitation and have now withdrawn from the EC argument and are relying purely on the outcome of the Dawson case appeal which is based only on the 2 year limitation which in my mind seems to be unlikely to be anything but in favour of the claimant in view of the strength of the case and the professional representation.

I thought I would reproduce the letter to the District Judge from Thomson Airways for the forum.

Dear Sirs

The issue in dispute between the parties in this matter relates to the applicable limitation period to be applied for claims for compensation under Article 7 of the Denied Boarding Regulation (EC 261/2004) as well as the Extraordinary Circumstances argument; however we have made a commercial decision to withdraw this argument.

The said issue in dispute revolves around application of European, International and domestic law in respect of delay in the international carriage of passengers.

The same point that is in dispute between the parties in this matter was heard in the County Court claim Dawson v Thomson Airways (Claim No 2QZ57244, Cambridge County Court)

While HHJ Yelton found against the defendant in that matter, due to the complexity of potential public interest of the argument, he gave permission to the Court of Appeal.

The defendant has recently made the decision to proceed with an appeal on the Dawson decision.

The defendant now believes that the claim should be stayed until such time that the Court of Appeal gives judgement in this matter. The Defendant submits that this is the best course of action on the following basis

1. The Court of Appeal will be able to review the argument in far greater detail then would be possible in this case.

2. The Court of Appeal decision will be a precedent and will allow the lower court to apply said decision.[/I]

Yours faithfully...


I hope this is of some use and certainly makes me feel hopeful of a positive outcome.

Mark2spark

Don't forget to add on the interest emptysuit!

jimcbob

I don't think this has been posted yet, but the Dawson appeal is listed to be heard on either 12 or 13 May 2014.

dxc_chappie

The grounds of appeal in the Dawson case are posted here.

Also bumping this thread as same question is being asked over and over.