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  • FIRST POST
    • Former MSE Helen
    • By Former MSE Helen 31st Oct 14, 10:31 AM
    • 2,324Posts
    • 971Thanks
    Former MSE Helen
    MSE News: Flight delay reclaiming boost as Supreme Court throws out airline appeals
    • #1
    • 31st Oct 14, 10:31 AM
    MSE News: Flight delay reclaiming boost as Supreme Court throws out airline appeals 31st Oct 14 at 10:31 AM
    The Supreme Court has today refused Jet2 and Thomson's requests to appeal earlier Court of Appeal decisions...

    Read the full story:

    Flight delay reclaiming boost as Supreme Court throws out airline appeals




    Click reply below to discuss. If you haven’t already, join the forum to reply. If you aren’t sure how it all works, read our New to Forum? Intro Guide.

Page 1
  • Teabaglady
    • #2
    • 31st Oct 14, 12:20 PM
    Flight delay ruling
    • #2
    • 31st Oct 14, 12:20 PM
    Fantastic news about the Supreme Court ruling. now waiting to hear about our claim.
  • Krest1944
    • #3
    • 31st Oct 14, 12:56 PM
    Happy with decision but
    • #3
    • 31st Oct 14, 12:56 PM
    Finally Thomson etc can no longer wriggle out of paying!

    Onwards with the plethora of Claims which have been stacking up.

    BUT

    Wonder what the chances are that they are collectively enough to bankrupt some of the smaller airlines?
    • Vauban
    • By Vauban 31st Oct 14, 1:02 PM
    • 4,729 Posts
    • 2,094 Thanks
    Vauban
    • #4
    • 31st Oct 14, 1:02 PM
    • #4
    • 31st Oct 14, 1:02 PM

    Wonder what the chances are that they are collectively enough to bankrupt some of the smaller airlines?
    Originally posted by Krest1944
    very small - it's a small part of their overall operating costs.
    • VT82
    • By VT82 31st Oct 14, 3:40 PM
    • 1,038 Posts
    • 877 Thanks
    VT82
    • #5
    • 31st Oct 14, 3:40 PM
    • #5
    • 31st Oct 14, 3:40 PM
    Thompson wrote to me on 8th April 2013 refusing to compensate me due to their '2 year' excuse.

    My delayed flight is now more than 6 years ago as a result of their tenacious prevarricating.

    Have I missed my chance to ask them to re-open the claim, even though I got my complaint in well before the 6 year cut-off?
    • Caz3121
    • By Caz3121 31st Oct 14, 3:49 PM
    • 11,989 Posts
    • 7,831 Thanks
    Caz3121
    • #6
    • 31st Oct 14, 3:49 PM
    • #6
    • 31st Oct 14, 3:49 PM
    Have I missed my chance to ask them to re-open the claim, even though I got my complaint in well before the 6 year cut-off?
    Originally posted by VT82
    the 6 year cutoff is for the small claims court, if you had raised your case with the court within the 6 years and your case has been stayed due to the appeal then you should still get your day in court.
    If you mean you contacted the airline but not the court then you will be too late as the airline can still tell you to get lost knowing you have nowhere to turn.
    • NoviceAngel
    • By NoviceAngel 31st Oct 14, 3:58 PM
    • 2,221 Posts
    • 657 Thanks
    NoviceAngel
    • #7
    • 31st Oct 14, 3:58 PM
    • #7
    • 31st Oct 14, 3:58 PM
    It will be very interesting to see how this plays out, my case is currently 'stayed' pending the permission to appeal by Jet2, now they've been refused - I bet there are some very high level meetings taking place in the CEO's office -ohhh to be a fly on the wall........
    • Vauban
    • By Vauban 31st Oct 14, 4:01 PM
    • 4,729 Posts
    • 2,094 Thanks
    Vauban
    • #8
    • 31st Oct 14, 4:01 PM
    • #8
    • 31st Oct 14, 4:01 PM
    No reaction yet from Jet2.com? Cat caught your tongue, boys?

    From the Daily Mail website:

    British Air Transport Association chief executive Nathan Stower labelled the Supreme Court ruling as unfair and said passengers will ultimately wear the costs imposed on airlines.

    'Today's Supreme Court decision is both surprising and disappointing. UK airlines support the principle of passenger protection and always meet their legal obligations,' Mr Stower said.

    'However, the rules should be clear, affordable and proportionate for the sake of passengers and airlines. The current system fails those tests and this decision will further increase costs which ultimately are borne by all passengers.'
    Anybody who tries to say (with a straight face) that "the airlines always meet their legal obligations" loses their credibility immediately. It is pretty clear that the airlines dislike the Regulation - but tough: it's the law. And now - finally - they have to respect it.
    • NoviceAngel
    • By NoviceAngel 31st Oct 14, 4:21 PM
    • 2,221 Posts
    • 657 Thanks
    NoviceAngel
    • #9
    • 31st Oct 14, 4:21 PM
    • #9
    • 31st Oct 14, 4:21 PM
    I wonder how the CAA will be covering this news?!?!?
    • Vauban
    • By Vauban 31st Oct 14, 4:35 PM
    • 4,729 Posts
    • 2,094 Thanks
    Vauban
    International air delay compensation awards ceremony

    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 ...





    Jet2.com


    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!


    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!"
    • Sedge123
    • By Sedge123 31st Oct 14, 7:42 PM
    • 565 Posts
    • 1,050 Thanks
    Sedge123
    At last!!! Now hopefully monarch may pull their finger out and stop the delay tactics!!
    Determined to save and not squander!
    On a mission to save money whilst renovating our new forever home
    • A Flock Of Sheep
    • By A Flock Of Sheep 31st Oct 14, 8:36 PM
    • 5,047 Posts
    • 6,634 Thanks
    A Flock Of Sheep
    They're all washed up
    • Dr Watson
    • By Dr Watson 31st Oct 14, 9:42 PM
    • 443 Posts
    • 218 Thanks
    Dr Watson

    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 ...





    Jet2.com


    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!


    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!"
    Originally posted by Vauban
    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.
    Successfully sued Ryanair in 2013/14...and have been 'helping' litigants since then.

    Current known score:-
    Dr Watson 35 - 0 Ryanair / Ince and Co

    Go to post 622 on the Ryanair thread to read how to sue them safely.
  • SpannerMonkey
    A good speech Vauban, but you are no Colonel Tim Collins....
    • cifpower
    • By cifpower 1st Nov 14, 10:45 AM
    • 6,448 Posts
    • 4,093 Thanks
    cifpower
    be interesting to see how much fares go up to compensate (pun intended)


    • JPears
    • By JPears 1st Nov 14, 12:18 PM
    • 4,610 Posts
    • 1,257 Thanks
    JPears
    A good speech Vauban, but you are no Colonel Tim Collins....
    Originally posted by SpannerMonkey
    Who.... ..?
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
  • archived user
    Who.... ..?
    Originally posted by JPears
    http://www.telegraph.co.uk/comment/3562917/Colonel-Tim-Collins-Iraq-war-speech-in-full.html
    • Vauban
    • By Vauban 1st Nov 14, 2:25 PM
    • 4,729 Posts
    • 2,094 Thanks
    Vauban
    A good speech Vauban, but you are no Colonel Tim Collins....
    Originally posted by SpannerMonkey
    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
    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!
    Originally posted by Vauban
    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
    • By Vauban 1st Nov 14, 3:24 PM
    • 4,729 Posts
    • 2,094 Thanks
    Vauban
    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..."
    Originally posted by SpannerMonkey
    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.
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