Jet 2 rejecting claim for a delayed flight and next action please

eskbanker

JPears said:

thejanitor said:

Your flight was delayed due to crew sickness which prevented departure. The leading case law from the CJEU (Court of Justice of the European Union) stresses that when determining extraordinary circumstances, the focus should be on the source of the cause of the delay and not its consequences, irrespective of severity or frequency.

I'm not sure this factually correct. where the delay occurs on a previous rotation.

The source of the crew’s sickness is completely outside of an air carrier’s control, and, in line with the CJEU’s finding, we consider to be an extraordinary circumstance for the purpose of the Regulation.

I'm not sure this factually correct

The issue as to whether a member of crew’s non-attendance at work due to illness amounts to an extraordinary circumstance, for the purpose of the Regulation, is due to be considered by the Supreme Court of the UK in the case of Lipton v BA City Flyer. 

Until then it is NOT an EC, under law passed by the lower court.

We would be happy for your claim to be revisited following the outcome of the Supreme Court’s finding. Until such time, we are unable to comment further.   

As far as I am aware crew sickness is NOT an EC as it is inherent in the running of an airline. You'll need to read up on the quoted case law to see if it actually applies here.

Isn't the issue here that Lipton v BA City Flyer already found last year that sickness is inherent and therefore not EC, but that the case has now been appealed to the Supreme Court, so Jet2 are effectively considering it irrelevant for now?

However, there may be other case law that supports crew sickness being considered inherent - I can't find anything definitive from a quick search but are you aware of any?

thejanitor

Many thanks for the responses

Yes, the appeal is due to be revisited and this was granted on the 8th July
As my claim is prior to this date, jet2 took nearly 10weeks to respond with the above.
Personally, I believe the claim is valid and jet 2 should pay up as the appeal was not granted at the time of the delay but they will not budge

Suzycoll

Suzycoll said:

***"Update on my claim ***
 I sent a recorded delivery letter approx 18 days ago. Marked it 'action before claim ' ( theres a thread on here explaining how to write the  letter). Had an e mail today advising they will now pay out & may take up to 21 days for payment.
VICTORY.  DONT GIVE UP EVERYONE ☺️

PS this was for 5 hour delay flight Reus to Bristol on 23rd June 2022 LS1880 

**Further update*** received the cheque from Jet 2 today 😀😀

steviec2

Suzycoll said:

Suzycoll said:

***"Update on my claim ***
 I sent a recorded delivery letter approx 18 days ago. Marked it 'action before claim ' ( theres a thread on here explaining how to write the  letter). Had an e mail today advising they will now pay out & may take up to 21 days for payment.
VICTORY.  DONT GIVE UP EVERYONE ☺️

PS this was for 5 hour delay flight Reus to Bristol on 23rd June 2022 LS1880 

**Further update*** received the cheque from Jet 2 today 😀😀

Great news

Strange because I received an email on the 30/09/22 which is the same date you posted the above which stated ‘a few weeks’ to receive my money, however yours stated ‘21 days’?

I emailed to specify and they pointed me to their t&c’s stating up to 60 days wait for payout?

The difference between our claims is that my initial contact was not rejected however I posted a recorded letter in the fist place, I didn’t use the email service.

Hopefully mine comes soon then,

JPears

Unless the Supreme Court decide otherwise, the Lipton case outcome is still law at this time.

Jet2 are obviously hopeful the the higher court will overturn the current and delaying until then. Surprising, given Jet2's history in various appeals......

thejanitor

JPears said:

Unless the Supreme Court decide otherwise, the Lipton case outcome is still law at this time.

Jet2 are obviously hopeful the the higher court will overturn the current and delaying until then. Surprising, given Jet2's history in various appeals......

Many thanks for the response but jet2 won’t budge
I may send an email into the CE and see what his thoughts are but I know what the outcome will be

JPears

thejanitor said:

JPears said:

Unless the Supreme Court decide otherwise, the Lipton case outcome is still law at this time.

Jet2 are obviously hopeful the the higher court will overturn the current and delaying until then. Surprising, given Jet2's history in various appeals......

Many thanks for the response but jet2 won’t budge
I may send an email into the CE and see what his thoughts are but I know what the outcome will be

One small silver lining in the cloud is that if, Lipton wins at Supreme court, Jet2 continue to procrastinate and you have to resort to small claims there will be a larger amount of interest due.....

JPears

Is there a date for the Supreme Court?

eskbanker

JPears said:

Is there a date for the Supreme Court?

I could have sworn I'd seen one but can't find it now - while searching, I came across a statement on Jet2's website that echoes their interpretation (however flawed!) that was shared in the email quoted above:

Crew sickness

The question of whether compensation should be paid in the event of crew sickness is currently being considered by the Supreme Court (the highest appeal court in the country) in the case of Lipton v BA City Flyer. We are not currently processing claims related to crew sickness until after the ruling. We would be happy to look again at claims after the court has clarified the law.

https://www.jet2.com/delays-and-cancellations

dunc72

I've had a similar response from Jet2 (rejected due to staff illness and exceptional circumstance citing BA Flyer case) however we know that it wasn't down to staff illness that both the outbound and inbound flights were delayed.  Any advice on what more I can do?