Huzar appeal

batman44

111KAB wrote: »

Understand unlikely to have SC decision until October (due to the summer recess) and thereafter if allowed anyone's guess when hearing will be but likely to be spring/summer 2015

Would any new revised regs expected to 261/2004 supercede current regs? or just those claims after the new regs come into force?

David_e

batman44 wrote: »

Would any new revised regs expected to 261/2004 supercede current regs? or just those claims after the new regs come into force?

Good question. You might think the matter should be determined by the Regulation in force at the date of the delay. I've not looked that the proposed new Reg in any detail and that was a while ago. I'm assuming that the new will replace the old entirely.

batman44

David_e wrote: »

Good question. You might think the matter should be determined by the Regulation in force at the date of the delay. I've not looked that the proposed new Reg in any detail and that was a while ago. I'm assuming that the new will replace the old entirely.

I would have thought that is like changing the goalposts halfway through a match, my thoughts are that any claims under the old regs should proceed on that basis, english law is decided on this process as you hear in the news, sentence is given based on the law at the time the offence was committed. So any new claims after the new regs come into force proceed on that basis, old for old, new for new.

David_e

batman44 wrote: »

my thoughts are that any claims under the old regs should proceed on that basis,

That's what I said: what Regulation is in force at the date of delay.

OldManAhoy

:TNot directly Huzar related so I'll post on the Flybe thread as well but.....
....this morning I've just been offered an out of court settlement. The airlines lawyer said that he had spoken to Jet 2 solicitors who confirmed an appeal to the SC but oddly enough it seems that Loganair (Flybe franchise partner) didn't want to wait for the SC to grant/ refuse leave to appeal so have offered me the 250Euro, plus reimbursment of the unused ticket (we had to take a ferry - no other flights!) plus a 'further payment'.

Interesting because I pushed the boat out in my claim and asked for:

• 250 euro for non EC flight cancellation
• refund of unused ticket (not comparable transport)
• additional inconvenience (breach of contract; not distress but quantifiable inconvenience by failing to provide written notice of rights 14(2), failing to provide proof of EC 5(3) et al.

glentoran99

111KAB wrote: »

Understand unlikely to have SC decision until October (due to the summer recess) and thereafter if allowed anyone's guess when hearing will be but likely to be spring/summer 2015

My solicitor believed they would know before end of July if the appeal was going to be permitted

111KAB

glentoran99 wrote: »

My solicitor believed they would know before end of July if the appeal was going to be permitted

I presume this is not Bott & Co as they do not believe they will know until October and as they are the solicitors involved in the appeal (together with 2 Birds as defendants) I would think they stand a better chance of knowing however Bott & Co and myself would be happy to be wrong!


I further believe the appeal may have been lodged this morning - watch this space.

TrevorSmith

would the request for permission to appeal to the SC be a public domain document?

batman44

111KAB wrote: »

I presume this is not Bott & Co as they do not believe they will know until October and as they are the solicitors involved in the appeal (together with 2 Birds as defendants) I would think they stand a better chance of knowing however Bott & Co and myself would be happy to be wrong!


I further believe the appeal may have been lodged this morning - watch this space.

The SC application website, say notice of decision will be 28 days after filing application, so from now to end of July is 23 days so It could be they want this out of the way and decided before SC recess.

111KAB

Just to confirm appeal was submitted yesterday to the Supreme Court and a decision is not now expected until October or even November as to whether the appeal will be allowed to proceed to a hearing.