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Delay due to de-icing
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Wobbler70
Posts: 7 Forumite


Hi all - Forum newbie - please be gentle!
I have had a claim turned down by the ADR adjudicator for a delayed flight with Easyjet. The defence was bad weather, but the actual reason was that there was a delay in getting a deicing rig to our plane. Planes were taking off just fine once de-iced, and although the weather deteriorated later and lots of flights were cancelled, that wasnt the case here.
I know that there is a case on deicing NOT being sufficient to deny a claim, but i just have a boiler plate response from the adjudicator, and s/he doesnt appear to have taken any of my comments (or the case law) into account.
WHat now? I'm tempted to go small claims court, but dont want to if the case law (from Germany) isnt binding. ANy ideas please?
Thanks!
I have had a claim turned down by the ADR adjudicator for a delayed flight with Easyjet. The defence was bad weather, but the actual reason was that there was a delay in getting a deicing rig to our plane. Planes were taking off just fine once de-iced, and although the weather deteriorated later and lots of flights were cancelled, that wasnt the case here.
I know that there is a case on deicing NOT being sufficient to deny a claim, but i just have a boiler plate response from the adjudicator, and s/he doesnt appear to have taken any of my comments (or the case law) into account.
WHat now? I'm tempted to go small claims court, but dont want to if the case law (from Germany) isnt binding. ANy ideas please?
Thanks!
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the delay needs to be caused by/within the control of the airline to qualify for delay. I suspect the deicing (which would have been required due to the weather) would have been controlled by the airport and not the airline1
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I guess there are a few issues that come into play here:
- are pre-Brexit German judgments binding on UK courts since the UK left the EU?
- is the case you're relying on from a sufficiently senior court?
- is it sufficiently relevant to your scenario?
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Thanks both. It's the binding point that I'm concerned about. The case isn't entirely on point but the narrative judgement makes it clear that deicing is in the control of the airline so, it isn't an extraordinary circumstance.0
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Wobbler70 said:Thanks both. It's the binding point that I'm concerned about. The case isn't entirely on point but the narrative judgement makes it clear that deicing is in the control of the airline (as you rightly say) so, it isn't an extraordinary circumstance.
The issue of EU judgments being applicable to UK courts post-Brexit is one I've just had a quick search about but wouldn't feel confident in commenting on! Maybe one for the likes of Legal Beagles?0 -
I'm fighting a similar issue regarding delaying baggage (at heathrow).
My argument is that it's not an extraordinary circumstance (not one I've seen defined anywhere).
So I'm interested in this also.
I thought the EU compensation laws were taken on after brexit?
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lisyloo said:I thought the EU compensation laws were taken on after brexit?1
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eskbanker said:Wobbler70 said:Thanks both. It's the binding point that I'm concerned about. The case isn't entirely on point but the narrative judgement makes it clear that deicing is in the control of the airline (as you rightly say) so, it isn't an extraordinary circumstance.
The issue of EU judgments being applicable to UK courts post-Brexit is one I've just had a quick search about but wouldn't feel confident in commenting on! Maybe one for the likes of Legal Beagles?
From my understanding of the government's interpretations of this specific legislation, EU rulings are not automatically transferred to the UK post-Brexit, but courts likely due to similar wording will take them into account. I have successfully used a non-EU court judgement (but again where the legislation has the same wording) against an EU airline but not in court. I would have no problem doing this in the courtroom however, quoting from the UK legislation (which is exactly the same with different currency amounts). Whether a judge would agree with this I don't know.💙💛 💔1 -
From what I've heard from friends (employers, landlords) this is all down to what the judge decides on the day and what evidence is presented on the day (an employer lost a case where they didn't have proof on the day of employee being absent on a particular day). Especially if we are talking county court.
Surely a case like this is unlikely to be dragged up to higher courts?
The real question for us normal people (and businesses) is how far to take it.
If you're a millionaire then that may be a different matter.
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Bott and CO have just said no due to bad weather. Its defo small claims, so i guess it is whether I want to risk losing £80 or whatever the court fee is.
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Wobbler70 said:Bott and CO have just said no due to bad weather.
Bad weather obviously manifests itself in various ways, in terms of runway closures, ATC restrictions, etc, but how much of your delay was solely attributable to sourcing a deicing rig?0
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