Huzar appeal

chili2001

They get to send you a standard template letter and wash their hands of your complaint.
In answer to your question there is no point in the CAA existing. In fact there should be a public enquiry to investigate their incompetence.

sging1

Got a one liner from my Judge:

"It would appear Huzar vs Jet 2 is going on appeal to Supreme Court"

I guess they are saying I'm still stayed. :mad:

supermac9

:doh:

glentoran99 wrote: »

What is the point in the CAA?

---

23 July 2014





Our Ref: 150-148



Dear Mr Xxxxx



RE: Monarch



We are writing because you contacted us about a disrupted flight. You might have seen coverage in the press about a recent court ruling about treatment of technical faults. If your flight was disrupted due to a technical fault, you could be affected by this court case and we thought you might welcome some clarification of how this judgement affects your case.



The ruling in question is Jet2 v Huzar, and was handed down by the Court of Appeal on 11 June. Jet2 have now sought leave for a further appeal, so the final impact may not be clear for many months yet. However, as it now stands, the “extraordinary circumstances” exemption is still in the law, but will be narrower as it will not apply to the kind of technical problems that are normal in running an airline. The Court decided that the technical fault in the case, namely a wiring defect in the fuel valve circuit which could not have been prevented by prior maintenance or prior visual inspection, was not “extraordinary”, and compensation was due.



Unfortunately, there will continue to be a period of uncertainty until the Supreme Court makes a decision on whether it will hear the appeal. We expect that decision to be taken later this year. If the Supreme Court refuses the appeal, then the current judgment will apply. If the Supreme Court accepts that it will hear the appeal, then it will take some time until the case is actually heard, and its judgment issued.



If your compensation claim was for a flight which was disrupted due to a technical problem with the aircraft then you may wish to raise your complaint again with your airline and get confirmation that it will reassess your claim following further clarification from the Supreme Court. If your airline is unwilling to accept your claim, you could consider whether you wish to take the case to a local County Court.



Should you wish to consider taking Court action, it will be important for you to understand any Court action has to be started with your claim being lodged with the Court within 6 years of the date of the flight. The court will not hear claims that have been lodged outside of this period.



We are not able to provide you with legal advice in respect of your claim, but you can get guidance on commencing court proceedings <https://www.gov.uk/make-court-claim-for-money/overview&gt; from your local Citizens' Advice Bureau<http://www.adviceguide.org.uk/index/your_rights/legal_system/small_claims.htm&gt; or the Court Service<http://www.hmcourts-service.gov.uk>. Please refer to the information provided via the following links:



- http://www.adviceguide.org.uk/england/law_e/law_legal_system_e/law_taking_legal_action_e/small_claims.htm

- https://www.gov.uk/make-court-claim-for-money/overview

- http://www.justice.gov.uk/about/hmcts/

You should be aware that, until the Supreme Court makes a decision on whether it will hear Jet2’s appeal, any action you take through the courts may be stayed. You should also be aware that, if the Supreme Court decides to hear the appeal, they may take a different decision to the Court of Appeal.



To confirm, your case has been handled and closed by the CAA and regretfully on this occasion we are unable to assist you further. I hope that this information has been helpful.



Yours sincerely,





Harriet Merna

Consumer Affairs Officer

Market and Consumers Group

Civil Aviation Authority

CAA House, 45-59 Kingsway, London WC2B 6TE

Telephone: 0207 453 6888

www.caa.co.uk



Airline/Airport:

It is PACT’s policy to forward any airline/airport reply about an individual case to the complainant. It is imperative that any information that you consider is confidential, is identified as such.



Passenger:

The information you supply to us will be used by us to provide advice or resolve your complaint. This will usually involve sharing the information with the airline or airport you are complaining about.



The CAA’s passenger portal can be found at www.caa.co.uk/passengers<http://www.caa.co.uk/passengers&gt;



**********************************************************************

Before Printing consider the environment.



This e-mail and any attachment(s) are for authorised use by the intended recipient(s) only. It may contain proprietary material, confidential information and/or be subject to legal privilege. If you are not an intended recipient then please promptly delete this e-mail, as well as any associated attachment(s) and inform the sender. It should not be copied, disclosed to, retained or used by, any other party.

Harriet must have been busy churning out her standard e-mails lately as I received an IDENTICAL one a few days ago (my case relates to Jet2). If anyone needed reminding of how useless the CAA are (from a consumers point of view), this does it (again!).

glentoran99

its a joke they have basically acknowledged the law and washed their hands of it saying sort it yourself! yet they appear on watchdog etc saying the will help consumers!!

111KAB

Release from Bott & Co regarding Huzar ....


http://us2.campaign-archive2.com/?u=17cc323d39b9bce5e106cc4f0&id=5398000464&e=2bbccbfa17

Camaro3

They do still however have the option of asking the European Court of Justice to provide a ruling on these cases.

Hmm, this could drag on even longer.

111KAB

Camaro3 wrote: »

They do still however have the option of asking the European Court of Justice to provide a ruling on these cases.

Hmm, this could drag on even longer.

As it says in the Bott release and indeed if you look at 261/2004 this was not published until 2005 then there was the Sturgeon challenge some 4 years later (which the airlines thought they would win) so the 2004 'law' did not become operative in respect of delays until 2012 and now we have Huzar/Dawson which may not be resolved until 2016 even if the EU are not involved. If it goes to the EU then who knows how long it could take and indeed most of the current claims (unless in Court) may well go beyond 6 years, we may not even be in the EU and the new regulations will have been released - thus playing into the airlines hands.


Factor in the one thing the (smaller) airlines may not want ie going bust and there are plenty of opportunities for not paying out. That is why the Courts and the CAA should sort this out. The former can but the latter will not.

NoviceAngel

Just an update for anyone following my claim..

The matter be stayed until 31October 2014.

Not unexpected really, what's the betting it will get stayed again shortly after the 31st October?

NoviceAngel

Mark2spark

Do we have any ideas yet when there will be a decision as to whether the appeal(s) will be allowed?

Camaro3

Mark2spark wrote: »

Do we have any ideas yet when there will be a decision as to whether the appeal(s) will be allowed?

Hi Mark, Bott & Co say the Supreme Court is in recess untill October, so they don't expect any decision 'till November or Decmber (sorry).