The Liverpool Allen case result:

NoviceAngel

howticklediam wrote: »

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

So it does my bad!!!

Thanks for the correction :cool:

supermac9

batman44 wrote: »

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

I expect they will want a return on their investment, so expect more pointless appeals and stalling.

leylo

So, on the back of the Allen case, I emailed Flybe yesterday to ask them to now settle my claim which they has stayed. Below is their reply. Do you think this indicates that they don't intend to carry on fighting claims or is it mery a further delay tactic?


Your EU261/2004 claim

We are writing to update you on Flybe’s position on your claim following the outcome of a test case in the Liverpool County Court on the 25th February 2015. As you may be aware, the Court was asked to consider whether it would be prepared to stay claims pending the decision in the Van der Lans v KLM case.

Following the Court decision not to allow a stay of claims pending the outcome of this case, Flybe will be re-assessing your claim and will write to you by no later than 30 March 2015 with the outcome. We are aiming to provide a response to you before this date, however, as we have a number of claims outstanding we need to individually re-assess all of these claims and this will take some time.

Please be assured that we are reviewing all claims with a view to settling the claims where you are legally entitled to EU261/04 and in our next letter we will inform you of the outcome of the reassessment of your claim.

We do appreciate your continued patience and please be assured we are doing our utmost to respond to you as soon as possible.

With regards
Flybe

111KAB

leylo - imagine they are waiting to see (as expected) if Jet2 appeal Liverpool decision.

Star9272

NoviceAngel wrote: »

:j_party__party_WE WON!!!_party__party_ :j

I know I'm a little late in sending my congratulations. Fantastic news.

:beer:

Mark2spark

A great thread, and I'm warmly glowing at how this forum has evolved since the early days on MSE, where initially there wasn't even a 'flight delay compensation' sub section
There's a lot of knowledge out there between the regulars now, and the airlines chances are getting less each time.

I'm even going to stick my neck on the line and say what I think the outcome of the VdL referral to the ECJ will be...

The ECJ will throw it back to the Dutch court and say that, *in Wallentin*, at point 27, the ECJ has already determined that it is for the Hearing Court, at local level, to determine if there where/are any circumstances that can show that the airline was affected by third party matters.

27: It is therefore for the referring court to ascertain whether the technical problems cited by the air carrier involved in the case in the main proceedings stemmed from events which are not inherent in the normal exercise of the activity of the air carrier concerned and were beyond its actual control.

This is so logical and basic. Each case is of course different, so the ECJ can't give a carte blanche ruling on what is/what isn't E.C.'s, it's up to the court to decide if there was anything *different* about 'this one', or is 'this one' just (yet) another 'ordinary' tech issue.
Which the Huzar ruling has of course narrowed down to *not many at all*, and ONLY those that have been caused by third party intervention.

NoviceAngel

glentoran99 wrote: »

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?

Sorry glentoran99 I did miss this post,

Yes, the case would proceed, but as soon as Jet2 appeal the Allen case, then it is likely that all other cases would remain EDIT 'effectively' (thanks batman) stayed as there would be a further legal challenge, as in 'Huzar'.

If you could get your case heard NOW before Jet2 announce an appeal, the chances are you would win but the oportunity for appeal is I think only 7 days ?!? Waiting for somebody to confirm this.

Cheers,

NoviceAngel

JPears

leylo wrote: »

So, on the back of the Allen case, I emailed Flybe yesterday to ask them to now settle my claim which they has stayed. Below is their reply. Do you think this indicates that they don't intend to carry on fighting claims or is it mery a further delay tactic?


Your EU261/2004 claim

We are writing to update you on Flybe’s position on your claim following the outcome of a test case in the Liverpool County Court on the 25th February 2015. As you may be aware, the Court was asked to consider whether it would be prepared to stay claims pending the decision in the Van der Lans v KLM case.

Following the Court decision not to allow a stay of claims pending the outcome of this case, Flybe will be re-assessing your claim and will write to you by no later than 30 March 2015 with the outcome. We are aiming to provide a response to you before this date, however, as we have a number of claims outstanding we need to individually re-assess all of these claims and this will take some time.

Please be assured that we are reviewing all claims with a view to settling the claims where you are legally entitled to EU261/04 and in our next letter we will inform you of the outcome of the reassessment of your claim.

We do appreciate your continued patience and please be assured we are doing our utmost to respond to you as soon as possible.

With regards
Flybe

leylo, if your case is at actually at court and been stayed, pending the Allen result, then I would be inlcined to be emailing/writing court to have the case resumed as no stay exists (or indeded did, post Allen). Why would Flybe need 30 days to "assess your claim"? Surely it has already been thoroughly assessed before Flybe submitted a defence/requested a stay?
Call the tune leylo - contact them stating you are requesting the stay be lifted unless you receive payment within the next 14 days.
Airlines have messed everybody around for too many years, time to turn the tables.

batman44

NoviceAngel wrote: »

Sorry glentoran99 I did miss this post,

Yes, the case would proceed, but as soon as Jet2 appeal the Allen case, then it is likely that all other cases would remain stayed as there would be a further legal challenge, as in 'Huzar'.

If you could get your case heard NOW before Jet2 announce an appeal, the chances are you would win but the oportunity for appeal is I think only 7 days ?!? Waiting for somebody to confirm this.

Cheers,

NoviceAngel

How can you stay a case that has not been stayed in the first place pending an appeal to see if it can be stayed? Status quo surely here and proceed until otherwise?

Dr_Watson

JPears wrote: »

leylo, if your case is at actually at court and been stayed, pending the Allen result, then I would be inlcined to be emailing/writing court to have the case resumed as no stay exists (or indeded did, post Allen). Why would Flybe need 30 days to "assess your claim"? Surely it has already been thoroughly assessed before Flybe submitted a defence/requested a stay?
Call the tune leylo - contact them stating you are requesting the stay be lifted unless you receive payment within the next 14 days.
Airlines have messed everybody around for too many years, time to turn the tables.

leylo, and others,
If your case is currently stayed in the court system because of this, as JP rightly states, write to the court and ask for the stay to be set aside.
Over on the Ryanair thread you'll find a template letter on how to approach this.