Taking The Airlines To Court

Musicology

Thanks Vauban. We shall wait and see.....

Musicology

Hi there,

Does anyone know where I can get copies of the judgements in relation to Jager V Easyjet and Lawes V Thompson?

Many thanks

Vauban

Musicology wrote: »

Hi there,

Does anyone know where I can get copies of the judgements in relation to Jager V Easyjet and Lawes V Thompson?

Many thanks

These are the two county court judgements that relate to weather knock ons, yes? If so, they are not routinely published. I recall Bott was involved in one (if not both) of these, so CobyBenson may be able to help.

Of course, you know that there is no precedent set by these judgements? But still useful to include, no doubt.

Musicology

Yes as I understand it there is no precedent set by them due to the court they were heard in is that right?

But surely they would still be worth quoting in my claim. Would you know if any precedent case law exists in relation to bad weather knock on effects other than Lassoy V Finnair?

Thanks again

Vauban

Musicology wrote: »

Yes as I understand it there is no precedent set by them due to the court they were heard in is that right?

But surely they would still be worth quoting in my claim. Would you know if any precedent case law exists in relation to bad weather knock on effects other than Lassoy V Finnair?

Thanks again

Yes. County Courts don't set precedent. If either were heard by a Circuit Judge (more senior to a District Judge) it would be more "persuasive" - but I don't think it applies in these cases. Indeed I'm not aware of any "persuasive" still less precedent setting cases. Nevertheless, I still think you should include them in your bundle.

You have probably read the debate about the Finnair judgement, and its applicability. My advice is to stay clear, as it doesn't actually address the point about knock ons for delays - it's about denied boarding and inequitable treatment. So be careful.

I think your strongest card is the Regulation - which is explicit about weather affecting the flight concerned directly. Presumably that's the point of law on which the other cases were won.

Musicology

Yes I have read and am mindful of steering clear of the Finnair judgement due to it being more about denied boarding. I will stick to the regulation.

Cheers

carina62

hello there i would like some advice please. In order for me to take Thomson Airline to court, will i need to inform Thomson that i am taking them to court or do i just complete the form with my £60 fee with the Small Claims Court? my partner seems to think that i have to pre-warn them first but i don't think that is correct. thanks

111KAB

carina62 wrote: »

hello there i would like some advice please. In order for me to take Thomson Airline to court, will i need to inform Thomson that i am taking them to court or do i just complete the form with my £60 fee with the Small Claims Court? my partner seems to think that i have to pre-warn them first but i don't think that is correct. thanks

Pre-warn - 14 days the norm with an NBA.

carina62

sorry what does NBA stand for? thanks

Vauban

carina62 wrote: »

sorry what does NBA stand for? thanks

It is Notice Before Action. But if you are serious about taking the airline to court, you might want to do a bit more reading first.