Huzar appeal

legal_magpie

Tyzap wrote: »

I'd love to know how Thomson got to know about this so early as it was not in the public domain at that time as far as I am aware.

Thanks for posting the link for me.

I successfully used the Huzar Judgment in my own case against Thomson a few days after it was heard and before it had been widely circulated. Thomson's barrister wasn't aware of it and neither were Thomson's. I obtained a copy of the judgment from a Judge
JJ

Mark2spark

It hasn't escaped me that the slow wheels of UK justice - I mean the length of time it will take Huzar to get to appeal court, if right to appeal is granted - might actually be behind the *new and improved* version of EU261 that the EU is promising to wheel out next year.
And, supposedly, tech faults are clearly going to be ruled out as EC's, to give further meat to the Huzar case.

jenn1ewest1

Vauban wrote: »

Perhaps, but they have to show these things genuinely happened. According to a letter from the UK airline chiefs to the Transport Minister in 2009, about 80% of delays are technical in origin (and you'll note their admission that they are not extraordinary, following Wallentin). So appealing Huzar really would be a last desperate throw of the dice, with significant implications if they lose: http://www.barin.nl/docs/DeniedBoardingUkCEOletterReECJ19nov09verdict8Dec09.pdf

I have just found this tonight cant believe I missed it Is it possible to have it added to my bundle on the day

P_Doff

jenn1ewest1 wrote: »

I have just found this tonight cant believe I missed it Is it possible to have it added to my bundle on the day

Take three copies to court; one for the judge, one for your opponent and one for yourself. The worst that can happen is that the judge won't allow it, but if he reads it, it could help.

Mark2spark

jenn1ewest1 wrote: »

I have just found this tonight cant believe I missed it Is it possible to have it added to my bundle on the day

Make sure you highlight pen over point 27 as well

steve1500

I've received a letter asking if I would consent to my claim being stayed in light of Huzar.

Nearly 8 months down the line I don't know what the EC's are and if Huzar is even applicable.

They are also saying the courts are granting stays awaiting the outcome of any appeal.

My initial thought is, tell me what the EC is, then I will give serious consideration to you request.

Any thoughts

Thanks

JPears

I would agree, how can you agree if defendant has deliberately withheld essential information from you?
eg: The beak - "How do you plead guilty?"
"To what m'lud?"
What have they put in their defence?

razorsedge

steve1500 wrote: »

I've received a letter asking if I would consent to my claim being stayed in light of Huzar.

Nearly 8 months down the line I don't know what the EC's are and if Huzar is even applicable.

They are also saying the courts are granting stays awaiting the outcome of any appeal.

My initial thought is, tell me what the EC is, then I will give serious consideration to you request.

Any thoughts

Thanks

Not sure if courts are actually granting stays regarding the Huzar appeal yet.
Unless I have misread this site:
casetracker dot justice dot gov dot uk
search case reference 20133277
(Sorry I cannot post links)

the permission to appeal Huzar has not been granted with a hearing due sometime in January 2014 to decide if permission should be granted.

dxc_chappie

razorsedge wrote: »

Not sure if courts are actually granting stays regarding the Huzar appeal yet.
Unless I have misread this site:
casetracker dot justice dot gov dot uk
search case reference 20133277
(Sorry I cannot post links)

the permission to appeal Huzar has not been granted with a hearing due sometime in January 2014 to decide if permission should be granted.

Castracker link: http://casetracker.justice.gov.uk/listing_calendar/getDetail.do?case_id=20133277

steve1500

JPears wrote: »

I would agree, how can you agree if defendant has deliberately withheld essential information from you?
eg: The beak - "How do you plead guilty?"
"To what m'lud?"
What have they put in their defence?

We will aver that it is EC's -But not what the EC is

Still have to keep looking that word up!!