Huzar appeal

Skid_Marks

JPears wrote: »

Even Simon Clader doesn't seem to have quite got the gist of it, sensationalisng in the Independent that airfares will go up.:D

He obviously hasn't grasped the fact that Ryanair have already put their prices up to cover any claims......but still denying liability and banking the extra revenue!

Dr_Watson

Skid_Marks wrote: »

He obviously hasn't grasped the fact that Ryanair have already put their prices up to cover any claims......but still denying liability and banking the extra revenue!

And of course they charge each and every one of their passengers an additional levy to cover their 261/2004 liabilities.....but routinely fail to pay out when they are clearly liable....Tut tut...

socrates1882

http://www.lawgazette.co.uk/law/huzar-solicitor-clashes-with-aviation-regulator-over-jet2-case/law/poor-goliath-cant-even-raise-a-smile/5041664.article

NoviceAngel

socrates1882 wrote: »

http://www.lawgazette.co.uk/law/huzar-solicitor-clashes-with-aviation-regulator-over-jet2-case/law/poor-goliath-cant-even-raise-a-smile/5041664.article

At last an article written by somebody talking common sense .....

retatco

There must be a time limit by when J2 must request leave to appeal but I haven't seen it mentioned yet.They will obviously use all the time they have.

NoviceAngel

retatco wrote: »

There must be a time limit by when J2 must request leave to appeal but I haven't seen it mentioned yet.They will obviously use all the time they have.

They have 28 days I believe, I know this is taking about criminal cases, but I believe the appeal rules are the same.

2. If the prosecution is unsuccessful in the Court of Appeal.
If not already done and if possible, make an immediate decision whether to apply for permission to appeal to the Supreme Court.

There are 28 days in which to apply to the Court of Appeal or Administrative Court for permission to appeal to the Supreme Court, but it is generally better to have decided on an appeal before the lower courts judgment is given. The decision against the Crown is usually at the close of the appeal, but could be the date when a reserved judgment is delivered (Note: Day 1 is the date the decision against the Crown is given. Thus if the decision is on 1 October, time runs out on 27 October not 28 October).

Taken from http://www.cps.gov.uk/legal/a_to_c/appeals_to_the_supreme_court/#a10

socrates1882

28 days to apply for leave to appeal - you are correct.

batman44

My court order tells me if I wish to continue I need to inform them 28 day after the decsion of Huzar, shall i write to TC and give them 7 days notice to settle, and that failing to do so i shall be instructing the court i wish to continue and ask the court for directions? Shall i also state any attempt to stay will be refused?

OldManAhoy

socrates1882 wrote: »

28 days to apply for leave to appeal - you are correct.

Am due in court tomorrow and have just received an email from airlines lawyer saying that he is proposing we continue the sist (postponement) pending the next Jet2 appeal. Just want to check my facts:

1. 28 days is from the date of the court of appeal ruling?
2. Court of Appeal has already refused leave to appeal so Jet2 have to apply direct to the Supreme Court for leave to appeal?
3. Jet2 haven't done this yet.
4. My original postponement was based on an appliction referring specificically to the appeal at the Court of Appeal on that basis the conditions of this application are satisified so the airline will need to raise a new application which I have a right to oppose?

batman44

OldManAhoy wrote: »

Am due in court tomorrow and have just received an email from airlines lawyer saying that he is proposing we continue the sist (postponement) pending the next Jet2 appeal. Just want to check my facts:

1. 28 days is from the date of the court of appeal ruling?
2. Court of Appeal has already refused leave to appeal so Jet2 have to apply direct to the Supreme Court for leave to appeal?
3. Jet2 haven't done this yet.
4. My original postponement was based on an appliction referring specificically to the appeal at the Court of Appeal on that basis the conditions of this application are satisified so the airline will need to raise a new application which I have a right to oppose?

I am no legal eagle but, the stay has expired as the decision has been made and Huzar is now good law. Any further stays are not needed as jet2 have been refused leave to appeal and need to go direct to the SC and then there is still no gaurantee they will get it. Huzar is now in force until it is overturned by any SC if at all. Refuse the request stay and ask the court to make judgement. Any or if any SC appeal could take months.