Huzar appeal

NoviceAngel

OldManAhoy wrote: »

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 think your correct on your first three points, on the fourth, it depends specifically on the wording on the 'General Form of Judgment or Order' you received from the CC.

If like mine is says

4. Further to the defendant and/or it's legal representative notifying the Claimant and/or his legal representative of the decision of the Court of Appeal on the Defendant's application for permission to appeal and/or, should permission to appeal be granted, the determination of the appeal thereafter, the Claimant and/or his legal representative shall request to the Court, within 28 days of notification, that the stay be lifted otherwise the claim shall be automatically struck out.

Then you need to apply for the stay to be lifted, J2 can object it will be down for the DJ to make his/her decision, please keep us informed and good luck!

Regards,

NoviceAngel

socrates1882

They have 28 days to make an application for leave to appeal. As yet they have not made an application.

Until such time as a Higher Court than the Court of Appeal provides an order saying otherwise, Huzar is the law in this area. A court should not further extend a stay on an application which may or may not be made, and when it is may or may not be succesful.

The air carrier asked for leave to appeal and that was refused. That is the end of the matter unless something procedurally happens to say otherwise.

NoviceAngel

batman44 wrote: »

My court order tells me if I wish to continue I need to inform them 28 day after the decision 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?

Like mine above batman, A letter/email addressed to the Court Manager requesting your case be referred to the District Judge for further directions should suffice, it will be down to TC to object to the Court not to lift the stay, you can put your objection to the Court in writing, so the DJ is clear on your views.

Regards,

NoviceAngel

NoviceAngel

socrates1882 wrote: »

. A court should not further extend a stay on an application which may or may not be made, and when it is may or may not be succesful.

Agreed 100% I wonder what the Courts will be doing in these cases, I wrote to the Court requesting the 'stay' on my case been lifted the day after judgement at the CoA. Likewise, J2 put in their objection to the Court to my 'stay' being lifted on the same day, just waiting the Courts decision.

Does anybody know of any cases that have been heard since the CoA?

Regards,

NoviceAngel

OldManAhoy

NoviceAngel wrote: »

I think your correct on your first three points, on the fourth, it depends specifically on the wording on the 'General Form of Judgment or Order' you received from the CC.

If like mine is says

Then you need to apply for the stay to be lifted, J2 can object it will be down for the DJ to make his/her decision, please keep us informed and good luck!

Regards,

NoviceAngel

I don't have a Form of Judgement (maybe different in Scotland) the ruling was made verbally by the Sheriff in court when I opposed the original application to sist last November. I have written to the court and attached the Huzar Court of Appeal judgement. Point I wanted to get across was the original application referenced the outcome of the Court of Appeal hearing specifically. Think I'll just go in tomorrow and oppose any motion to continue the existing application as well as any new one (if they apply) on the grounds that Jet2 do not have leave to appeal and have already been refused leave by the court of appeal.

Vauban

batman44 wrote: »

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?

Why write to TC? Just write directly to the court, with a copy of the judgement, copying TC in. You don't have to solicit a view from the airline first.

Skid_Marks

NoviceAngel wrote: »

Does anybody know of any cases that have been heard since the CoA?

Regards,

NoviceAngel

You might like to have a look at post #5276 on the THOMSON page.

razorsedge

NoviceAngel wrote: »

I agree 100% Vauban, I have to question the long term damage the deux oiseaux (oh yes, i can swear too Centipede) are causing their Client Jet2. Even if you're correct in that the legal action "if successful" would be cheaper than paying out all the claims, what about the damage to the Company, the case even got a mention on the BBC TV program 'Watchdog' yesterday evening, and was also headline news in the papers this morning, and yesterday in some regional TV news broadcasts.

Let me throw a very non educated non legal view into the pot, we've discussed on here many times how Jet2 use the oldest, most unreliable fleet of aircraft in the business, I see nothing wrong with that whatsoever, I suppose you get what you pay for.

If I buy a ten year old car, I would expect more components to fail and maintenance would cost more, and it would require more visits to the garage. I would accept that! I would obtain insurance in the form of AA/RAC (many other breakdown services available:D).So here's a question or two.

Why not get insurance against breakdown to pay claims?

Do Jet2 market themselves as a down-market, expect delays airline? No of course not. If they marketed themselves that way, where would the argument be? If they want to compete on a level playing field, then stop wasting money on frankly ludicrous legal battles, and just purchase a stand-by plane, which could be used for emergencies, when the inevitable happens with an ageing elderly fleet of air stock.

I recently booked a flight from Manchester to mainland Spain, the cheapest flight was with Ryanair, who undoubtedly have an extremely modern stock, Jet2 on the other hand cost double the price of Ryanair, would I receive twice the service on a 30 year old plane? Now I know that Jet2 routinely try to argue that the older planes are more reliable than the new but come on, I'd love to know what Lord Justice Elias would make of that one.

I think Jet2 are heading for Oblivion, they are causing not only outrage in the community with their contemptuous attitude to legitimate claims for compensation, they are further outraging the legal community and alienating the public who they aim to serve.

I started my claim simply wanting an apology from Jet2, I was aware of the compensation but I would have been satisfied with a sincere apology and perhaps an offer of a 'free' flight to calm the waters. It was Jet2s reaction to my letter that has brought my court action, they lied to me in their letters and failed to respond to the AESA, in fact this is the 1st and hopefully last legal battle I will have, I don't enjoy this, I do it because I feel I have no choice in the matter, it's clear reading through these forums what Jet2 think of their customers, if I ran my business that way my valued customers would quite rightly not put up with it, so why should I as a genuine customer and supporter of a locally based airline?

It's a local firm, start acting like Yorkshire men and women, you're a disgrace to Yorkshire.

NoviceAngel bows his head in shame and toddles of to his flat cap and his little Yorkshire terrier while eating Yorkshire Pud and a glass of chilled Macon- Villages Uchizy - sorry in-joke!

Hale & Pace may have predicted Jet2 a few years ago;)

http://www.dalesman.co.uk/fly-air-yorkshire-hale-and-pace/6040

NoviceAngel

razorsedge wrote: »

Hale & Pace may have predicted Jet2 a few years ago;)

http://www.dalesman.co.uk/fly-air-yorkshire-hale-and-pace/6040

Some much needed relief from the Jet2 battle! I feel better now thanks razersedge

NoviceAngel

Skid_Marks wrote: »

You might like to have a look at post #5276 on the THOMSON page.

Thanks, yes doesn't surprise me at all, let's hope the judges get up to speed with the Huzar judgement and fast, then start to interpret the law as it currently stands and follow the CoA ruling and the now precedent case of 'Huzar' let's just hope it doesn't become the lottery of the day, as it was pre Huzar

Regards,

NoviceAngel