Court Failure Thread

JPears

Alas ladies and gentlemen, despite my best efforts, Jet2 scored a slim legal if not moral victory in Court today. And I am now enjoying my second glass of chilled Macon- Villages Uchizy, in the garden, in glorious sunshine. I trust jet2s solicitor, one Mr Bird of Bird and Bird, is not so fortunate and either on a delayed Jet2 flight or manky ECML train back to London.

My case involved a delay to the previous flight between Leeds and Chambery, France in Feb 2011. I was on the return flight from Chambery to Leeds and delayed by 51/2 hours on a 1.3/4 hour flight, with my daughter.
The delay of the previous flight was caused by a defective circuit breaker of the Flight Control Computer,tripping which took Jet2s engineers several attempts to fix. I am still unnerved that the patently defect circuit breaker was not replaced before the aircraft flew again. Jet2 still failed despite several requests, to explain why they had not investigated the cause of the circuit breaker tripping, blaming it on power spikes. Heaven help passengers if that power spike occurs while the aircraft is in flight and the flight computer crashes....
Of course the whole Small claims procedure is heavily stacked against the litigant in person facing a solicitor and two "expert" witnesses. The District Judge was very fair and understanding, pulling up Jet2s defence "team" on several occasions.. The legal representative/solicitor not so. Okay they are doing their job (profession I do not think an appropriate description) but I am glad that I don't have to adopt the confrontational and objectionable attitude everyday in my profession, quite the reverse.
The Judge complimented and congratulated me several times on my witness statement. Unfortunately my presentation of the case was limited, mainly because there is little information out there to guide litigants in person, as to the precise format of hearing procedures. Yes it is meant to be informal, but at the end of the day, these cases are about clear, complicated and to some extent untested, legal questions and will inevitably get very technical and tied up in legalese.
Big Bird had his skeleton argument and lengthy summing up prepared, the latter having the judge looking at the clock several times.
In summary the judge found, on balance of probabilities (which I take to be "it was a close run thing") that:
a)
The technical fault, as it was uncommon or rare and did not occur prior to the flight, but after push back, was an extraordinary circumstance. I didn't feel it was my place to point out he kept using the words exceptional or out of the ordinary instead of extraordinary. (Although I suspect other persons present would have done if it had been in his favour)
b)
Despite pushing the intention and remit of REG 261/2004 to reduce the inconvenience to the consumer of excessive delays, and that the regulation has been in force since 2005, ie 6 years before the delay, and that JET2 had a suitable alternative aircraft (but possibly no alternative crew) on balance of probabilities he considered Jet2 had taken all reasonable measures. I don't think they had, certainly not to the point of intolerable sacrificies and this is a point that I think needs pushing in future.
Really does make a mockery of the whole reg 261/2004 as it would appear that airlines maybe able to worm their way under the EC clause too easily. I have quite a few thoughts on this aspect and will post further.
However the 3rd glass of vin blanc and sunshine beckons.
An interesting £85s worth of a day in the unreal world of legal & court life. I suspect it cost Jet2 a whole lot more than that.:T

Vava_voom_2

Well done for taking them on. I need to decide whether to pursue my case, enjoy the sunshine!

Dogger69

Did they really send three people to court, or did the sol have evidence/ opinions from experts? Your last sentence is very true - it would have cost them far more than if they had paid out in the first place.

111KAB

JP - sorry to hear you didn't succeed but it sounds to me that the Judge just wasn't 'up to speed'. Luckily my guy knew Wallentin inside out and quite honestly I needed not attend court as he pulled the Monarch Barrister to pieces. Enjoy your bottle of vino - you deserve it for having the tenacity and patience to take on Jet2 - I applaud your spirit.

Vauban

Bad luck, JP - and it certainly sounds like that. You made Jet2 fight their corner though, and on any other day ...

JPears

Dogger69 wrote: »

Did they really send three people to court, or did the sol have evidence/ opinions from experts? Your last sentence is very true - it would have cost them far more than if they had paid out in the first place.

Yes, Mr Bird from Bird n Bird , an engineer and "senior Operations Manager"

I will write up more on the actual hearing procedure shortly. Also where i think the line of attack may need to be pushed in the future.
Interestingly Jet2 used Finnair case to their benefit. It had got to the point with Mr Bird's rambling, where I just couldn't be bothered to argue the point that this was to do with denied boarding, not delay/cancellation.I don't think it would have made much difference anyway.

P_Doff

JP - I'm gutted for you. As 111KAB suggests, I think you were unlucky enough to get the wrong judge. My total respect and admiration, for what it is worth in the circumstances, is yours and thanks for the heads up - I'll be ready for Mr Bird. All the very best to you.

maghater

Tuff. You make some very valid points, but if they are going to the expense of sending in two expert witnesses, plus the head vulture from bird and bird, what chance has any layperson got? It should be an open and shut case tech problem = Wallentin judgement = no ec, Short of hiring OJ Simpsons lawyer I cannot see what else you or any one else could have done.

JPears

Thanks P Doff, PM me if you like. I can have a look at your witness statement if you like.
Have you a hearing date?

P_Doff

JPears wrote: »

Thanks P Doff, PM me if you like. I can have a look at your witness statement if you like.
Have you a hearing date?

Many thanks indeed JP. I'll PM you in due course when my statement is completed. I don't have a hearing date yet - just Notice of Transfer
to my local court.

derek99b

Thanks for your efforts, much appreciated.
I'll take it all in when I read your next episode.
Interesting that Jet2 could not provide a replacement plane. My case occurred at LBA, where we could all see spare planes on the airfield.
Highest regards. Derek