MSE News: Flight delay reclaiming boost as Supreme Court throws out airline appeals

A_Flock_Of_Sheep

They're all washed up

Dr_Watson

Vauban wrote: »

Welcome, MSE friends, to this specially arranged awards ceremony to honour those who have contributed the most to today's happy and glorious decision by the Supreme Court.

It's been a roller-coaster of a ride, but after a campaign of extraordinary prevarication and obstructionism, the airlines today finally ran out of runway. In the immortal words of Sonny Curtis of the Crickets, they fought the law and the law won.

But who do we thank for today's decision? There are a number of very credible nominations, but there can only be one winner. So let's see who takes the award ...


In fifth place, we recognise the special role for the MSE Flight Delay Community.. The airlines hate the fact that we have been able to compare notes, swap stories and help each other out. And we know that you've been following us on here too - and trying to silence those with whom they are forced to settle. All to no avail. There is something quite special happens when the internet meets injustice and a group of people prepared to help others get what is rightfully their's. Business might like to take note.

In fourth place, we must surely applaud the Supreme Court. Though many of us wondered how this petition would go, it is great to see the dispassionate application of justice, without fear or favour. We have a country in which rule of law is applied, and the rights of the "little man" can be upheld over those corporate giants who would seek to evade their responsibilities. Well done to those Judges.

In third place, and sticking with a legal theme, I am delighted to congratulate Bott and Co for all they did with these two cases. They are not a huge legal company, but they have made legal history. The airlines hired the best lawyers that money could buy; but the consumer already had some damn fine lawyers themselves. They have done a huge amount both to publicise this Regulation and secure positive results for passengers. Be careful gentlemen: you might give lawyers a good name!

In a close second and joint place - Ron Huzar and James Dawson. It was my pleasure to have met Ron, but both men deserve huge credit for having the tenacity and determination to take a stand over a matter of principle. They were not going to be fobbed off, and they have made legal history accordingly. I salute you!

So now we get down to our winner ...





Drum rolls please ...





Dramatic pause ...





Fumbling with the golden envelope ...





Clearing the throat ...





For the greatest contribution to today's outcome, the winner is ...





Wait for it ...





:T:T:TJet2.com:T:T:T


Yes it was Jet2 who managed to bring the whole edifice crashing down. Up to that point, the airlines had been fighting a generally effective guerrilla war in the small claims court, with claimants having to work very hard for their money and some (albeit a minority) even falling foul of the occasional perverse judgement. This certainly deterred most claimants from chasing up their legitimate legal entitlement, and accordingly worked in the favour of the airlines - despite the best efforts of the NWNF brigade.

But rather than pay out Ron Huzar small claim, Jet2 - for reasons I still don't understand today - decided to bet the farm (and indeed all the other airlines' farms) by doubling down. If they won in the Court of Appeal, the protection afforded by Regulation 261/04 would have been seriously eroded. But if they lost, they would create a binding legal precedent that would ensure an unambiguous and definitive interpretation of the law in favour of the passenger.

So well done Jet2: you may be a fairly unremarkable airline, but you've done something truly special for the passenger today. This victory is your very own Halloween baby - thanks so much for everything you did to bring it about! Cheers! :beer:


And before we go, let's not forget the CAA. Actually, let's. Because they have been hopeless - and eminently forgettable - throughout. Still, in seeking to make representations to the Supreme Court in support of the airlines, at least they were forced to show their true colours.

This is Professor the Lord Vauban saying "Goodnight, God Bless and Good Hunting!"

Pitch perfect my friend, and as joyous as our own (in fact no much more) worth celebrating than our own victories.....
Let what is due be finally due, and hopefully less the fight,
I shake hands with our good friends Dawson and Huzar tonight, thank them,and wish them all the very best.
What a fight they fought....
What a beating was given...
Respect very much due and given, up there with Wallentin and Co, of this very now clear regulation.

SpannerMonkey

A good speech Vauban, but you are no Colonel Tim Collins....
:rotfl:

cifpower

be interesting to see how much fares go up to compensate (pun intended)

JPears

SpannerMonkey wrote: »

A good speech Vauban, but you are no Colonel Tim Collins....
:rotfl:

Who.... ..?

System

JPears wrote: »

Who.... ..?

http://www.telegraph.co.uk/comment/3562917/Colonel-Tim-Collins-Iraq-war-speech-in-full.html

Vauban

SpannerMonkey wrote: »

A good speech Vauban, but you are no Colonel Tim Collins....
:rotfl:

That is most certainly true, but then I not a) anticipating anyone will die in their efforts to get compensation, and b) expecting this post to go up on the wall of the Oval Office either! But as a light-hearted reflection on how we got to where we are, I hope it at least entertains a little!;)

SpannerMonkey

Vauban wrote: »

That is most certainly true, but then I not a) anticipating anyone will die in their efforts to get compensation, and b) expecting this post to go up on the wall of the Oval Office either! But as a light-hearted reflection on how we got to where we are, I hope it at least entertains a little!;)

Your efforts to assist on here do you credit, it's been a hard-won fight & I daresay plenty of people owe you much.

But, as the man said, and this was my point:

"...if you are ferocious in battle remember to be magnanimous in victory..."

Vauban

SpannerMonkey wrote: »

Your efforts to assist on here do you credit, it's been a hard-won fight & I daresay plenty of people owe you much.

But, as the man said, and this was my point:

"...if you are ferocious in battle remember to be magnanimous in victory..."

It's a very good point, SM: no one ever looks good gloating. And the point about magnanimity in victory - plagiarised from Churchill I think - is always a good one.

That said, I note we have yet to hear from Jet2.com - so have no idea whether they accept this defeat and now respect the law or not. I hope very much they will. But until that happens, I am inclined to take Col Collin's advice from a little further on in his speech:

[T]hey will know their deeds have brought them to this place. Show them no pity.

SpannerMonkey

That's a good quote & a fair point. Though to take a middle view, I would guess they were trying to protect their business interests, rather than simply being malicious towards Mr H.

On a side-note to the comment further up the thread, I read somewhere that there are potentially 11.8 million claims. If we said £400 as an average claim, my infant school maths works that out to just under £4.75 billion. :shocked:
I agree it's unlikely that everyone will be jumping on the bandwagon now, but even if a third of them did, I think flying just might become the preserve of the rich once again.

Edit: Just to correct the above figure, the official estimates are 'only' £3.9 billion.