MSE News: Flight delay reclaiming boost as Supreme Court throws out airline appeals

Former_MSE_Helen · 31 October 2014 at 12:31PM

The Supreme Court has today refused Jet2 and Thomson's requests to appeal earlier Court of Appeal decisions...

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Flight delay reclaiming boost as Supreme Court throws out airline appeals

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Teabaglady · 31 October 2014 at 2:20PM

Fantastic news about the Supreme Court ruling. now waiting to hear about our claim.

Krest1944 · 31 October 2014 at 2:56PM

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 · 31 October 2014 at 3:02PM

Krest1944 wrote: »

Wonder what the chances are that they are collectively enough to bankrupt some of the smaller airlines?

very small - it's a small part of their overall operating costs.

VT82 · 31 October 2014 at 5:40PM

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 · 31 October 2014 at 5:49PM

VT82 wrote: »

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?

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 · 31 October 2014 at 5:58PM

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 · 31 October 2014 at 6:01PM

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 · 31 October 2014 at 6:21PM

I wonder how the CAA will be covering this news?!?!?

Vauban · 31 October 2014 at 6:35PM

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 ...

:T:T:TJet2.com:T:T:T

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! :beer:

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 · 31 October 2014 at 9:42PM

At last!!! Now hopefully monarch may pull their finger out and stop the delay tactics!!

MSE News: Flight delay reclaiming boost as Supreme Court throws out airline appeals

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