Taking The Airlines To Court

legal_magpie

dxc_chappie wrote: »

So here's a question:

For claims stayed pending the Huzar/Dawson appeal judgments, if the airline now decides make an offer to settle which excludes interest should you accept it?


I would. Life's too short.

And if you don't accept and it goes to court will it be deemed unreasonable behaviour by the claimant?


Thoughts anyone?

If you went all the way to trial solely on the question of interest and lost, probably yes.

dxc_chappie

Interesting.

So could unreasonable behaviour also extend to going to a hearing solely to recover court fees? In other words, is it reasonable to reject an offer to settle where court fees are also excluded?

Vauban

legal_magpie wrote: »

If you went all the way to trial solely on the question of interest and lost, probably yes.

I think it depends on the amount of interest. If my claim was for a family of 5, six years ago, interest on 3000 euros would be worth just under 50% of the award (1440 euros). That would be worth fighting for, especially if it had been the airline that had insisted on the stays.

For smaller amounts of interest, I'm not sure I would be too fussed either. Though in truth, nor would the airline much be. If they're prepared to pay your claim, a few hundred extra for the interest is unlikely to weigh heavily in their considerations, IMHO.

Vauban

Oh - and I don't see how a claimant is able to lose now if their claim is being defended on the basis of the criteria relevant to Dawson and/or Huzar. The worst that could happen is a stay.

purple_icecream

dxc_chappie wrote: »

So here's a question:

For claims stayed pending the Huzar/Dawson appeal judgments, if the airline now decides make an offer to settle which excludes interest should you accept it?

And if you don't accept and it goes to court will it be deemed unreasonable behaviour by the claimant?

Thoughts anyone?

I suppose it does depend on how much the interest is and would it be worth the hassle and risk of going to court. I passed up £840 of interest to get £2032 + £285 fees by a mediation phone call.

£840 is a lot of money but as they say "A bird in the hand is worth two in the bush."

To me the £2032 was already a bonus!

purple_icecream

Vauban wrote: »

Oh - and I don't see how a claimant is able to lose now if their claim is being defended on the basis of the criteria relevant to Dawson and/or Huzar. The worst that could happen is a stay.

As long as the airline can't prove it is EC, but surely some EC will be proved? :undecided

David_e

purple_icecream wrote: »

As long as the airline can't prove it is EC, but surely some EC will be proved?

I think what Vauban meant was where it was/is a "technical issues" case.

David_e

dxc_chappie wrote: »

For claims stayed pending the Huzar/Dawson appeal judgments, if the airline now decides make an offer to settle which excludes interest should you accept it?

As you say, it's an "offer" so you can go back with a counter-offer. Although it might be tempting to stick to your guns, holding out for the full 8% pa might be rather risky (given that I believe interest is at the judge's sole discretion). If a claim included interest, however, I'd be loath to accept none at all.

dxc_chappie

I suppose I'm anticipating a scenario where Thomson's or Jet2's appeal to the SC is either refused or eventually dismissed and they then agree to pay the amount claimed but not interest or court fees, and they agree before the claim goes to a further hearing.

Isn't there something about a "part 36" offer and its rejection being considered unreasonable behaviour?

TrevorSmith

well I haven't had any reply to my letter/notice before action (NBA) and the 14 days is up. Is this usual behaviour by the airlines? What next?