The Liverpool Allen case result:

batman44

2 birds bill to Jet2.com £2.4 million and counting me thinks.

glentoran99

NoviceAngel wrote: »

I bet they are, they will NEVER give up, they will appeal 99.99999% certain on that!

Can they appeal a case management ruling?

NoviceAngel

glentoran99 wrote: »

Can they appeal a case management ruling?

It's a first stage, County Court decision, so they can appeal, the same as any other County Court ruling. It then would be heard on-appeal, second stage, like Huzar when HHJ Platts came in, then if they appeal that, which of course they will it will go to the CoA just like Huzar, we after some debate are unsure if they can ask the SC to give permission to appeal, we think unlikely, I was just about to ask Coby on this point, and we had to re-enter the Court room.

Cheers,

NoviceAngel

marleyboy

Jet2fan wrote: »

Am I the only one who expects this "25th Feb - Allen Case" as nothing but a waste of time.

It would appear so. :D

NoviceAngel

marleyboy wrote: »

It would appear so. :D

After reading Jet2fans many posts in here, that was very 'tongue in cheek' the same as his user name :cool:;)

NoviceAngel

The bits missed out from Yesterdays post,

District Judge Lee D. Jenkinson said that he wanted one 'mouthpiece' from either side, 'passengers' V 'airlines' there was quite an awkward re-shuffle as some people moved around, we dare not move so we sat behind Tom Bird :cool:. Just a little moral support . I was very optimistic at the start of the proceedings, the first half hour was taken up by Mr Charles Bear QC basically pleading for sympathy for Jet2. He went through things like, (looking at my notes) there are 2 million commercial flights, a quarter of a billion passengers, can you image if the airlines now have to pay compensation to all these people?

Especially as those delayed 'DISSAPOINTED PASSENGERS', that's why airline flight is now much cheaper, image the cost to the airlines, what would happen to prices..???

He went on to suggest that the CJEU could 'realistically be open to a different interpretation'.

Mr Charles Bear QC, then questioned Botts business model, claim per click, apparently there are some website's where you just put in your flight details and it tells you how much you can claim, sort off claim per click, there are even FORUMS that give out information for free. He went on to say in earlier years, you had to visit a Solicitor make an appointment and go back for a consultation, now it's all different.....

..... Yes it is and I wrote down NOT RELEVENT and showed this to Ron, who was sat at my side. I was astounded at the amount of totally irrelevant information Mr Charles Bear QC, was throwing the DJ's way, and quite surprised the DJ didn't slap him down, must have been biding his time for the Judgement who knows ?

DJ Jenkinson, indicates that other airlines are settling cases.

There is no tenable defence to these claims says Bott & Co.

Mr Charles Bear QC, argues that how would the Courts deal with hundreds of cases, possibly thousands if the CJEU rules in a different way. Jet2 and other airlines would have paid millions of pounds in compensation claims that they didn't have to make. There MUST be room for another view to Huzar! (I don't flipping think so, stupid argument, SC have ruled)

Mr Charles B!ar then reads the NEB Wishlist, now this is where I really fell out with the guy, not that we were ever friends! This is totally not relevant and I'm glad District Judge Jenkinson, dismissed it out of hand in his discussion and conclusion. I can't see any reference to it.

What is interesting is that the Defendants bundle was let's just say not as tidy as it should have been, and frequently Tom Bird had to hurriedly pass over missing Court documents to the judge, there was some problem about patternization in the bundle.

At 11.33 DJ Jenkinson mentioned 'need to reach a conclusion' but that didn't help matters, Mr Charles Bear didn't want to stop there, so carried on for another hour!

As I said in my previous post the new word to us of 'Windfall' was used, the DJ, he's not daft you know also picked up on this new word and made his comments clear in the Judgement para 19.

The last 15-20 mins before lunch, were taken up by quite a bizarre exchange concerning interest and the possibility of Jet2 offering to pay interest, they wouldn't/couldn't say what rate, depends on the economic circumstances at the time (I assume the year 2040) to any 'stayed' cases. I was worried about this because the Judge did seem to be pondering this one for quite a while.... I did worry. The DJ at no point, gave any indication that I could tell, on how he was thinking, he just seemed to be falling for the regurgitated dross that had already played out in 'Huzar'.

I didn't mention yesterday, the very brief submission by Mr Robert Lazare LiP, he very clearly challenged Mr Charles Bear QC on the issue of a windfall, he clearly explained to the DJ that his flight delay had cost him a great deal of money as he was late for a business deal, and even the compensation he was due would not cover that missed oppertunity, well done Sir :beer:

If anyone has any specific questions I'd be happy to answer, but I'm really glad I went along and ecstatic at the result.


Cheers,

NoviceAngel



EDIT ~ apologies to Mr Charles Bear QC the forum displays his name as B!ar when I add the accent so I've used an 'e'

111KAB

http://www.mirror.co.uk/news/uk-news/jet2-fails-delay-compensation-payout-5237914

NoviceAngel

111KAB wrote: »

http://www.mirror.co.uk/news/uk-news/jet2-fails-delay-compensation-payout-5237914

Well the article mentions 10 million and they did say that they reserved 17 million, ermmmm, that means they have a few quid left over for the Xmas doo.

CORRECTION ARTICLE SAYS 10 BILLION

thanks for the correction howticklediam

glentoran99

NoviceAngel wrote: »

It's a first stage, County Court decision, so they can appeal, the same as any other County Court ruling. It then would be heard on-appeal, second stage, like Huzar when HHJ Platts came in, then if they appeal that, which of course they will it will go to the CoA just like Huzar, we after some debate are unsure if they can ask the SC to give permission to appeal, we think unlikely, I was just about to ask Coby on this point, and we had to re-enter the Court room.

Cheers,

NoviceAngel

But when you look at it a different way, this was asking for a case to be stayed and the judge said no. If I was heading to court and jet 2 asked the court to stay the hearing and it was refused they case then proceeds and nothing they can do surely?

howticklediam

NoviceAngel wrote: »

Well the article mentions 10 million and they did say that they reserved 17 million, ermmmm, that means they have a few quid left over for the Xmas doo.

The article says 10 billion! No wonder they are shi!!ing themselves.