Huzar appeal

Mark2spark

My money is on the Huzar ruling coming out before Dawson.
Dawson - although a slam dunk - is far more technical than Huzar.

If Dawson isn't upheld, then a catch 22 will have been introduced, which is:
ECJ confirm via More that it's the national time limits that apply (because it's statutory compensation and not damages)
HCoJ state that air travel in UK is governed by Montreal time limits as per the house of Lords ruling. (Siddhu) which is for damages.
Damages and Compensation become the same thing.

Camaro3

It's probably a dumb thing to ask, but did anyone who attended the Dawson appeal think that Thomson put forward a good argument?
My 6 year limit is up in July (court papers already issued), but I have a feeling Thomson lose, they will argue EC (engine failure on previous day).

Vauban

It's not dumb at all!

I caught the last hour of the Dawson case. My impression (and it can only be that) is that it was a much closer thing than many thought it would be (including me). It became a very esoteric argument involving principles of jurisprudence and court hierarchy. I still think Dawson will win, but I am definitely less confident than before.

Of course, if Dawson and Huzar are both upheld then the airlines will have nowhere to run in most cases ...

Camaro3

Thanks Vauban, fingers crossed.

glentoran99

heres one for you legal eagles,

say for argument sake the dawson case loses, My particular case was now over 3 years ago, However i did claim with the airline (which of course they refused) orginally they stalled for the sturgeon ruling, then eventually refused, and now awaiting huzar would the limit thompson is arguing be for starting court proceedings or contacting the airline with the initial claim?

add to that about a year for the CAA to answer

if that makes sense?

Kew73

Centipede100 wrote: »

You need to have issued a legal claim within the appropriate time limit for the claim to be valid. Letter or email ping pong with either the airline or CAA doesn't count.

I have been saying this for some time and this remains my advice. If you are in any doubt then start your legal claim.

After a recent exchange of correspondence since the Dawson appeal hearing i am of the opinion tbat the airline will succeed in the appeal and therefore anyone approaching their 2 year deadline should issue a legal claim without delay.

Oh dear, sinking feeling...just to be clear, if the airline succeeds in the appeal, is this the absolute end of the road for all of us who issued a legal claim after 2 years or are there any other possibilities?!

111KAB

Kew73 wrote: »

Oh dear, sinking feeling...just to be clear, if the airline succeeds in the appeal, is this the absolute end of the road for all of us who issued a legal claim after 2 years or are there any other possibilities?!

Please read the Huzar and Dawson threads. Huzar has nowt to do with two years (ie the thread you have posted on) as it deals with the 'definition' of extraordinary circumstances and a case Mr Huzar has with Jet2.com. The Dawson -v- Thomson appeal concerns itself with the relevance of a 2 year or 6 year claim.

Kew73

111KAB wrote: »

Please read the Huzar and Dawson threads. Huzar has nowt to do with two years (ie the thread you have posted on) as it deals with the 'definition' of extraordinary circumstances and a case Mr Huzar has with Jet2.com. The Dawson -v- Thomson appeal concerns itself with the relevance of a 2 year or 6 year claim.

Appreciate that - Centepede started it!

Mark2spark

Centipede100 wrote: »

After a recent exchange of correspondence since the Dawson appeal hearing i am of the opinion that the airline will succeed in the appeal and therefore anyone approaching their 2 year deadline should issue a legal claim without delay.

Really? Even though the previous judge said that an appeal would be 'specious'?
Interesting.

tilla_tech_2

I was wondering if we could use another EU jurisdiction for 2 year plus cases if Thompson win.