Emirates Missed connection at DUBAI

Tyzap · 13 October 2017 at 7:07PM

Link to article found here...

http://forums.moneysavingexpert.com/showpost.php?p=73252135&postcount=10796

Happychappy · 25 November 2017 at 9:45AM

Following the Buckley ruling as my claim is identical

Emirates delayed the flight from Manchester for just over two hours which missed the connecting flight in Dubai to Sydney, which meant being stuck in the airport for 9 hours before the next flight and Zero help from Emirates with refreshments etc

I was initially told by Botts Solicitors I had no chance of compensation and they wouldn't attempt or support a claim as the flight although booked from Manchester to Sydney all with Emirates, the flight was out the UK/Europe so I couldn't claim, fortunately a legal firm with more backbone supported the Buckleys and won their claim

Now this ruling has changed, I wrote to Emirates, who said they are waiting for the Supreme Court to rule.

Dear Customer

Emirates takes all customer complaints involving flight delays very seriously.

We note the Court of Appeal’s ruling in relation to the application of EC261 on our flights from the UK involving a stopover in Dubai, we are currently awaiting to hear from the Supreme Court who we have asked to look into this matter further. Once this has been finalised, depending upon that outcome, you can resend your claim for further review.

Yours sincerely

Emirates.

JPears · 25 November 2017 at 9:52AM

So it would appear that Emirates have appealed to the Supreme to see if they can get leave to appeal an appeal.
Anybody know when we'll get a decision on this?

araeho · 8 January 2018 at 5:13PM

Hi JPears

Sorry I have posted in the wrong area of the site !!

We have a similar circumstance to the Buckleys case with an Emirates delay into dubai from Manchester resulting in high overall delay to final destination (Kuala Lumpur).

Did you ever get to find out re the appeal cade or time line?

Thanks in advance for any advice / help.

Andrew.

JPears · 8 January 2018 at 6:51PM

No appeal for leave to appeal or date with SC yet AFAIK.
Looking into things it would appear that Emirates made a commitment to CAA in a letter of 5th March that the CoA decision would be definitive.
https://www.caa.co.uk/uploadedFiles/CAA/Content/News/News_files/2017/Letter%20to%20Emirates%20from%20AH.pdf

araeho · 9 January 2018 at 9:37AM

Thanks JPEARS so am I correct in thinkjng:

The appeal took place in July and went against Emirates.

CAN contact Emirates by letter in October referring to the appeal and asking them to honour the commitment Emrates made in the March letter to the CAA which they would treat as difinitive?

So are we now waiting for a further appeal to the Supreme Court for which we don't have any date set.

Don't suppose you've got a copy of the reply from Emirates to the CAA letter of 12th October have you? Presumably would say we are going to appeal further?

Thanks again JPears.

JPears · 9 January 2018 at 10:22AM

There is nothing further on the CAA website.
I can find no information on the SC website regarding any appeal. It doesn't appear to be a very active or current website, only updating with cases well after any actual decision.

araeho · 9 January 2018 at 5:56PM

I've emailed Andrew Haines at CAA to ask him if there was any more contact / developments or to point me in the right direction.

I'll post any response I get, cheers.

araeho · 30 January 2018 at 8:56AM

Hi Happy Chappy,

Can I ask how you are getting on. We are is the same position. Just about to write to Emirates with our claim.

Did you use a solicitor and if so which one?

Thanks

Andrew.

QUOTE=Happychappy;73464081]Following the Buckley ruling as my claim is identical

Emirates delayed the flight from Manchester for just over two hours which missed the connecting flight in Dubai to Sydney, which meant being stuck in the airport for 9 hours before the next flight and Zero help from Emirates with refreshments etc

I was initially told by Botts Solicitors I had no chance of compensation and they wouldn't attempt or support a claim as the flight although booked from Manchester to Sydney all with Emirates, the flight was out the UK/Europe so I couldn't claim, fortunately a legal firm with more backbone supported the Buckleys and won their claim

Now this ruling has changed, I wrote to Emirates, who said they are waiting for the Supreme Court to rule.

Dear Customer

Emirates takes all customer complaints involving flight delays very seriously.

We note the Court of Appeal’s ruling in relation to the application of EC261 on our flights from the UK involving a stopover in Dubai, we are currently awaiting to hear from the Supreme Court who we have asked to look into this matter further. Once this has been finalised, depending upon that outcome, you can resend your claim for further review.

Yours sincerely

Emirates.[/QUOTE]

araeho · 31 January 2018 at 5:48PM

Thank you for your e-mail dated 9 January 2018 addressed to Andrew Haines. I work in the CAA’s Consumer Enforcement Team and Andrew has asked me to reply to your e-mail.

The Court of Appeal issued its decision in the case Gahan and Buckley v Emirates on 12 October 2017 and we wrote to Emirates on the same day seeking their compliance with the ruling. We wrote to them again in December re-iterating our view that they should abide by the Court of Appeal judgment. Emirates has sought leave to appeal from the Supreme Court and has refused to comply with the Court of Appeal ruling while it awaits a decision on its application. In our view the Court of Appeal decision sets down the legal position in England and Wales and airlines should handle complaints on that basis. Our enforcement action against Emirates is on-going.

We would suggest that you raise your claim with Emirates in the normal way on the basis of the Court of Appeal ruling. If you are unable to resolve your complaint you can raise it with the CAA’s Passenger Advice and Complaints Team who will take up your complaint with Emirates.

Website wont allow to post a link so you need to use the normal www. and then followed by:

caa.co.uk/Passengers/Resolving-travel-problems/How-the-CAA-can-help/How-to-make-a-complaint/

Hope this helps. Going to write to Emirates and once I get a response refer it to the above. Maybe that we have to wait for the supreme court ruling.

Emirates Missed connection at DUBAI

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