Huzar appeal

legal_magpie

Vauban wrote: »

I don't even have the will, given the imminence of more important stuff like the football.

Er. So after tonight's performance, what now?

Vauban

legal_magpie wrote: »

Er. So after tonight's performance, what now?

I refer you to my tired and emotional answer of last night:

http://forums.moneysavingexpert.com/showpost.php?p=65828770&postcount=203

batman44

nicki_d987 wrote: »

Hi everyone,

I saw on Bott & Co's facebook page today that they believe the Huzar case is going to continue on for a lot longer than Dawson . . .

They said "Huzar may take longer because Jet2 have indicated that they want to refer questions to the ECJ - which would add approx. 2 years"

So, does this mean, even if Jet2 appeal to Supreme Court and the appeal gets dismissed, matters will remain on hold until the questions get put to the ECJ???

The ECJ is the highest court of the European Union in matters of Union law, but not national law. It is not possible to appeal the decisions of national courts to the ECJ, but rather national courts refer questions of EU law to the ECJ. However, it is ultimately for the national court to apply the resulting interpretation to the facts of any given case. Although, only courts of final appeal are bound to refer a question of EU law when one is addressed. The treaties give the ECJ the power for consistent application of EU law across the EU as a whole.

This has already been to the EU twice - Wallentin & Sturgeon

Camaro3

Vauban wrote: »

It is always a laudable thing to expose your prejudices and proclivities to differing views. As an intellectual exercise this helps you to reappraise what you believe and why and explore whether other perspectives might have validity.

In this spirit, I offer you this article from the aviation lawyers at DLA Piper. It is an article on Huzar and extraordinary circumstances: http://www.dlapiper.com/en/uk/insights/publications/2014/06/out-of-the-extraordinary-the-court-of-appeals/

Notwithstanding my introductory comments, this article really is a pile of steaming nonsense. I don't even have the will, given the imminence of more important stuff like the football, to point out all the things which are so obviously contestable. Indeed the whole article feels a puff piece for the battered aviation industry rather than a serious legal analysis

Take a look and join me in my garden of disdainful incredulity ...

Just read the article, I concur with others, (pile of S***). You only have to read the bottom their lead page, they are a global firm who help companies with their legal needs (shows whose side they are on).

batman44

Don't forget the Supreme Court is not sitting 31st July - 1st October so if they get there way nothing will be settled this year me thinks. They have up until 8th-9th July to apply, if refused it may be before recess they will know if they can or not.

stevemej123

Aren't J2 running out of time to appeal?

Is it possible that they have already asked for leave to appeal and we just don't know yet?

Tyzap

glentoran99 wrote: »

Id be interested to know has mr huzar actually got his money yet

Yes I have but my wife and granddaughter, who were on the same flight, have not yet!

Tyzap

Centipede100 wrote: »

Don't tell me you have had to start a separate claim for them?!!!

In the more than capable hands of Kevin and Coby.

glentoran99

Have Jet2 applied for leave to appeal yet?

How can you find out if and when they do?

Mark2spark

I think watch this thread Glen for the latest info.
They applied to CoA for leave to appeal and it was refused.
So they now have to petition the House of Lords for the same right of appeal.
This is a trickier business as they have to convince that it's in the public interest.