Huzar appeal

batman44

Yeh, yeh, yeh, whats next?:beer::beer::j:D

Bott & co just tweet me

The Supreme Court has announced it has refused the airlines permission to appeal the decisions in the Huzar V Jet2 and Dawson V Thomson cases.
Both matters are now concluded and the Court of Appeal’s previous judgments stand:

• Airlines must pay flight compensation for qualifying delays caused by technical problems as these are not considered an ‘extraordinary circumstance’ under flight compensation regulation EU261.
• Consumers have six years to bring a compensation claim from the date of the flight in England and Wales.

This is a landmark day for consumers in England and Wales. An estimated 11.8 million passengers will benefit from today’s decision in Dawson. An additional 2.36 million passengers per year will now be able to claim for compensation thanks to the Huzar decision which is estimated to be worth approximately £876 million per year.
Today’s news also means holds will be removed on thousands of flight delay claims. Passengers whose claims were on hold awaiting today’s decisions will now be able to pick up their claim with the airline and settle it in line with the Court of Appeal judgment.

“Today’s decisions from the Supreme Court have given passengers and airlines alike absolute clarity on the issue.” David Bott, Senior Partner

David Bott, Senior Partner at Bott & Co, said: “We’re delighted that Mr Huzar and Mr Dawson have been vindicated. Two journeys which started with delays have now finally ended, more than eight years later in Mr Dawson’s case. Today’s decisions from the Supreme Court have given passengers and airlines alike absolute clarity on the issue.
“Here at Bott & Co we are proud of our part in this victory that brings English law in line with other European countries for the benefit millions of passengers each year.”

JPears

Floodgates are now officially - OPEN!

batman44

This is exactly as I said at the end of the High Court Appeal when they said they would go to the SC- The decision by the SC is based on this-

"The Court ordered that permission to appeal be refused in Thomson because the application does not raise an arguable point of law; [and] permission to appeal be refused in Jet2.com because the application does not raise a point of law of general public importance and, in relation to the point of European Union law said to be raised by or in response to the application, it is not necessary to request the Court of Justice to give any ruling, because the Court's existing jurisprudence already provides sufficient answer."

Now I feel smug:D

Post # 539 on this thread

chili2001

I thought this was a joke until I looked myself. Would you prefer to send me
cash or cheque Thomas Cook?

glentoran99

happy days

glentoran99

Now whats the chances of the paying out or are they still going to force people to go to court?

Vauban

I think they will now try to generate an appeal to the ECJ. I hope that the Courts will rule it is in the interests of the justice for claims to be assessed on the basis of the law as it now stands, rather than entertaining further stays. I am sure that Bott and Co are already making these representations!

glentoran99

Vauban wrote: »

I think they will now try to generate an appeal to the ECJ. I hope that the Courts will rule it is in the interests of the justice for claims to be assessed on the basis of the law as it now stands, rather than entertaining further stays. I am sure that Bott and Co are already making these representations!

http://www.moneysavingexpert.com/news/travel/2014/10/flight-delay-reclaiming-boost-as-supreme-court-throws-out-airline-appeals

Legal sources say that as the Supreme Court is the UK's final court of appeal,
there's no realistic prospect of the airlines being able to appeal this decision
at the European Court of Justice.

Isnt the ECJ where it all began?



also read this

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

So as the supreme court through it out and not referred to the ECJ surely its now the end of the road?

Vauban

I'm no expert on this, but I think that the clear direction from both the Court of Appeal and the Supreme Court now makes this very difficult for the airlines. I think this is the end of the runway ...

glentoran99

Vauban wrote: »

I'm no expert on this, but I think that the clear direction from both the Court of Appeal and the Supreme Court now makes this very difficult for the airlines. I think this is the end of the runway ...

My worry is now monarch are going to go bankrupt before i see any money