Huzar appeal

OldManAhoy

legal_magpie wrote: »

This all seems to be a lot of fuss about nothing. Of course the CA is bound by Wallentin but it could be argued that Huzar went further than Wallentin. They haven't got permission yet. It might be better to wait and see if they get it. Even if Huzar is overturned on appeal it simply takes us back to where we were.
BUT I would be minded to ask the Court not to impose a stay until they airline have disclosed their statements so that you know exactly what their case is.
JJ

Hi
I tried something similar back on 26Nov. I opposed motion to postpone and one of my arguments was Judge Platts went further than Wallentin re unexpected nature of fault and that in my case whether the fault was unexpected or not had yet to be proved by the airline and I did not believe it was based on the pre court evidence. I also pointed out that that was exactly one of my questions at the full hearing but the only way to get the answer was to go ahead with the case. Still got postponed. Spoke to Bott & co after my hearing (lawyers for Huzar) they said they had had a similar experience the day before and the appeal probably wouldn't be till 2015!!!!!! Time to write to your mp and get the CAA to start doing their job properly.:mad:

OldManAhoy

Centipede100 wrote: »

That won't help the wheels of justice turn any more quickly though, will it?

If you want to see this through you will need to hang on in there as this is the very reason the airline lawyers hope will put you off from pursuing your claim to the bitter end. It is clearly effective enough to deter a certain percentage of claimants and thereby saving the airlines some cash along the way.

Patience is your friend and eventual compensation will be that much sweeter and more satisfying than a quick win...!

My case is sisted till 2015 pending the appeal unless that is dropped earlier. After that it could be appealed again to the Supreme Court. Worst case by the time my case is heard Scotland is independent and out of the EU. I'm not dropping my case seems to me though the source of the problem is the Government and the CAA. If we really want to change something then they should be brought to task as well.

111KAB

OldManAhoy wrote: »

........ though the source of the problem is the Government and the CAA. If we really want to change something then they should be brought to task as well.

Fully agree however having written to my local MP (no reply), my local MEP (quite good as 5 replies), the UK MEP who is UK leader of the Transport Committee (no reply), the EU Transport Commissioner (2 replies), the EU Transport Committee secretary (3 replies), the EU Ombudsman (one reply) and the CAA (no 'proper' reply to around 30 emails) - I still feel I am no further forward however public apathy does not help. For example the current EU objection lodged has only been 'liked' by 22 people despite extensive coverage of the listing and the Government petition (I believe this has now expired) to put their weight behind the review of 261/2004 and put pressure on the airlines to pay up achieved 16 signatures!
Forgot to say I also reported a solicitor regarding this matter to the Law Society and they haven't responded either!

JPears

111KAB wrote: »

Fully agree however having written to my local MP (no reply), my local MEP (quite good as 5 replies), the UK MEP who is UK leader of the Transport Committee (no reply), the EU Transport Commissioner (2 replies), the EU Transport Committee secretary (3 replies), the EU Ombudsman (one reply) and the CAA (no 'proper' reply to around 30 emails) - I still feel I am no further forward however public apathy does not help. For example the current EU objection lodged has only been 'liked' by 22 people despite extensive coverage of the listing and the Government petition (I believe this has now expired) to put their weight behind the review of 261/2004 and put pressure on the airlines to pay up achieved 16 signatures!
Forgot to say I also reported a solicitor regarding this matter to the Law Society and they haven't responded either!

Really no surprise there. Law Society seems as slothful as CAA.
Bizzare that majority of "registered professionls" such as Doctors, dentists, opticians, Vets nurses etc are ruled by a government elected body, predominently of lay persons. Yet the solicitors re "governed" by a self elected quango of peers.....sounds familiar? Oh yes CAA...

OldManAhoy

111KAB wrote: »

Fully agree however having written to my local MP (no reply), my local MEP (quite good as 5 replies), the UK MEP who is UK leader of the Transport Committee (no reply), the EU Transport Commissioner (2 replies), the EU Transport Committee secretary (3 replies), the EU Ombudsman (one reply) and the CAA (no 'proper' reply to around 30 emails) - I still feel I am no further forward however public apathy does not help. For example the current EU objection lodged has only been 'liked' by 22 people despite extensive coverage of the listing and the Government petition (I believe this has now expired) to put their weight behind the review of 261/2004 and put pressure on the airlines to pay up achieved 16 signatures!
Forgot to say I also reported a solicitor regarding this matter to the Law Society and they haven't responded either!

I agree with all you say. Must admit I didn't even know about the Petition I was checking the number 10 website for similar the other day. I see you are in West Midlands my mum is too and, with her written position, I've tried to contact her MP and MEP with little success about a flight delay she had - no joy. On the other hand I do have a meeting with my MP just before Xmas. Just have to keep plugging away I guess. Instead of the airlines can't we take the CAA to court!!!

Mark2spark

Whilst the timeframe involved for a Huzar granting of appeal and then the appeal itself, is undesirable, clearly the best outcome for all would be an unsuccessful appeal by the airlines, and HHJ Platts summary of the intent of EU261 regarding EC's, and what the airlines should do, would give the whole industry nothing left to argue.
We would then be in the realms of the new and improved version of EU261 anyway, so hopefully EC's would be even further nailed down.

I still think the airlines approach to all of this is despicable.

CobyBenson

To those interested, Jet2's application for permission to appeal will take place on 4th March 2014.

I have no idea why the Court has abandoned the original window of 8th - 29th Jan 2014.

richardw

Thanks Coby.

Will there be a hearing for this application for permission to appeal and with a public gallery?

CobyBenson

Yep, there will be an oral hearing and as with most hearings it will be open to the public.

richardw

Might be worth half a day's holiday off work to see the birds in action.