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  • FIRST POST
    • kuepper
    • By kuepper 14th Jul 13, 9:24 PM
    • 639Posts
    • 108Thanks
    kuepper
    Anyone used EU Claim/Bott & Co?
    • #1
    • 14th Jul 13, 9:24 PM
    Anyone used EU Claim/Bott & Co? 14th Jul 13 at 9:24 PM
    these were highlighted in an article in the Guardian as someone to use to claim on your behalf in exchange for a 25 euro fee plus 27% of the compensation but when you're asked to sign up it's not that straightforward and could end up out of pocket whatever the outcome. here's their explanation:.

    1. What do I pay if I win?

    If you win your claim you pay us an administration fee of 25 euros and our charges. You pay our disbursements

    in any event and on our request and the payment of disbursements is not conditional on success and is not

    deferred to the end of the case. You may be able to claim from your opponent part or all of our charges and our

    disbursements.

    If you win overall but on the way lose an interim hearing you may be required to pay your opponents charges of

    that hearing. If on the way to winning or losing you are awarded any costs by agreement or Court Order then

    we are entitled to payment of those costs immediately.

    2. What do I pay if I lose?

    If you lose you pay your opponents charges and disbursements. You may be able to take out an insurance

    policy against this risk. If you lose you do not pay our charges but you may be required to pay our

    disbursements.

    Ending This Agreement

    3. If you end this Agreement before you win or lose you pay our charges and disbursements. We may end this

    Agreement before you win or lose.

    Charges

    4. These are for work done from the date specified in the Agreement until the end of the Agreement. This

    Agreement includes within its scope a retrospective claim for work done prior to when the Agreement is signed.

    These charges are subject to annual review.

    5. How we calculate our basic charges.

    These are calculated for each hour engaged on your claim. Routine letters and telephone calls will be charged

    as units of one tenth of an hour. Other letters and telephone calls will be charged on a time basis. The hourly

    rate which applies is £220 per hour plus VAT. We review the hourly rate on the 1

    st April of each year and we

    will notify you of any change in the rate in writing.

    Value Added Tax

    6. We add VAT at the rate (now 20%) that applies when the work is done to the total of the charges.

    Law Society Conditions

    7. The Law Society Conditions below are part of this Agreement. Any amendments or additions to them will apply

    to you. You should read the conditions carefully and ask us about anything you find unclear.

    Our Responsibilities

    8. We must:

    (i) Always act in your best interest subject to our duty to the Court;

    (ii) Explain to you the risk and benefits of taking legal action;

    (iii) Give you our best advice about whether to accept any offer of settlement;

    (iv) Give you the best information possible about the likely costs of your claim.

    Your Responsibilities

    9. You must:

    (i) Give us instructions that allow us to do our work properly;

    (ii) Not ask us to work in an improper or unreasonable way;

    (iii) Not deliberately mislead us;

    (iv) Co-operate with us.

    Dealing with Costs if You Win

    10. If you win you are liable to pay our charges and our disbursements.

    We will waive the right to enforce our claim for charges and disbursements against you to the extent that those

    charges and disbursements including VAT exceed the total sum of (i) and (ii) and (iii):

    (i) 27% of damages recovered;

    (ii) An administration fee of !!!8364;25;

    (iii) Any sums recovered from the opponent by way of costs.

    You may be able to claim our charges and disbursements from your opponent.

    If we and your opponent cannot agree the amount, the Court will decide how much you can recover.

    You agree to pay into a designated account any cheque received by you or by use from your opponent and made

    payable to you. Out of the money you agree to let us take the balance of the charges, administration fee, disbursements

    and any VAT. You take the rest.

    We are allowed to keep any interest your opponent is ordered or agrees to pay on the costs.

    If your Opponent Fails to Pay

    11. If your opponent does not pay any damages or costs owed to you we have the right to take recovery action in

    your name to enforce a judgment order or agreement. The charges of this action become part of the charges

    under this agreement.

    Payment for Advocacy

    12. The costs of advocacy and other work by us or by any solicitor or agent on our behalf forms part of our basic

    charges. We shall discuss with you the identity of any barrister instructed in the arrangements made for

    payment.

    Barristers who have a Conditional Fee with Us

    13. You may be entitled to recover their fee from your opponent. We will discuss the barrister!!!8217;s fee with you before

    we instruct him or her. If you lose you pay the barrister nothing.

    Barristers who do not have a Conditional Fee Agreement with Us

    14. If you win, then you may be entitled to recover all or part of their fee from your opponent. If you lose then you

    must pay their fee.

    What Happens when this Agreement Ends before your Claim for Damages End

    15. (a) Paying us if you end this agreement.

    You can end this agreement at any time. You then have the right to decide whether you must pay our

    basic or pay our charges and our disbursements including barrister!!!8217;s fees immediately or pay them if

    you go on to win your claim.

    (b) Paying us if we end this agreement.

    We can end this agreement if you do not keep to your responsibilities. You then have the right to

    decide whether you must:

    !!!61623;

    Pay our charges and our disbursements when we as for them; or

    !!!61623;

    Pay our basic charges and our disbursements if you go on to win your claim.

    16. We can end this agreement if we believe you are unlikely to win. If this happens you will only have to pay our

    disbursements.

    17. We can end this agreement if you reject our opinion about making a settlement with our opponent and you must

    then pay our charges and our disbursements. If you ask us to get a second opinion from a solicitor or counsel

    outside our firm we will do so but you must pay the cost of that opinion.

    18. We can end this agreement if you become insolvent by reason of bankruptcy, entering into a voluntary

    arrangement or howsoever. You must then pay the basic charges and our disbursements.

    19. This agreement automatically ends if you die before your claim is concluded and we will be entitled to recover

    our charges up to the date of your death from your estate. If your personal representatives wish to continue

    your claim for damages we may offer then a new conditional fee agreement.

    What Happens after this Agreement Ends

    20. After this agreement ends we may apply to have our name removed from the record of any court proceedings in

    which we are acting unless you have another form of funding and have asked us to work for you. We will have

    the right to preserve our lien unless another solicitor working for you undertakes to pay us what we are owed if

    you win.

    Explanations of Words Used

    (a)


    Administration Fee - The sum of !!!8364;25.

    (b)


    Advocacy - Appearing for you at Court hearings.

    (c)


    Charges - Our charges for the legal work we do as solicitors on your claim.

    (d)


    Claim - Your claim or the defence of any counterclaim brought against you whether or not court proceedings are

    offered.

    (e)


    Costs - Charges, administration fees, disbursements, and any applicable tax including VAT.

    (f)


    Counterclaim - A claim which your opponent makes against you in response to your claim.

    (g)


    Disbursements - Payments we make on your behalf including but not limited to court fees, expert fees, travelling

    expenses and barrister!!!8217;s fees.

    (h)


    Interim Damages - Money that the court says your opponent must pay or your opponent agrees to pay or

    waiting for a settlement or a court!!!8217;s final decision.

    (i)


    Interim Hearing - A court hearing that is not final.

    (j)


    Lien - Our right to keep all papers, documents, money or other property held on your behalf until all money due

    to us is paid. Lien may be applied after this agreement ends.

    (k)


    Lose - The court has dismissed your claim or you have stopped it on our advice.

    (l)


    Part 36 offers - An offer to settle your claim made in accordance with Part 36 of the Civil Procedural Rules.

    (m)


    Trial - The final contested hearing or the contested hearing of any issue to be tried separately and a reference to

    a claim concluding at trial includes a claim settled after the trial has commenced or a judgment.

    (n)


    Win - !!!8220;Win!!!8221; means that you recover damages or compensation or obtain other relief or succeed on any issue

    and/or on an order for costs is made in your favour or an agreement is reached to pay costs in your favour stage

    in your claim.

    (o)


    Finally - Finally means that your opponent is not allowed to appeal against the court decision or has not

    appealed in time or has lost any appeal.
    Last edited by kuepper; 14-07-2013 at 9:43 PM.
Page 19
    • dunkertruck
    • By dunkertruck 26th Feb 16, 8:27 PM
    • 43 Posts
    • 10 Thanks
    dunkertruck
    Sorry that should have been 400 euros, bott have clarified everything to my satisfaction
    Originally posted by kuepper
    Yeah that would fit in with my basic calculations... their final statements are not too explanatory but it does work out as 27% plus !!!8364;25

    Last edited by dunkertruck; 28-02-2016 at 9:07 PM.
    • bobobski
    • By bobobski 27th Feb 16, 11:46 AM
    • 705 Posts
    • 1,620 Thanks
    bobobski
    Remember Bott & Co are dealing with thousands upon thousands of claims the reason being that they are trusted and have fought these cases through the courts and are considered experts. I use them and agree that they can at times be bad at communicating with the clients. Don't let the hassle stop you from starting a second claim on your own. There is help on the site and it is much easier now as court cases have been settled and the law has been clarified. Having said that if i was in your position I wouldn't hesitate to give it to Bott.
    Originally posted by Justice13075
    Thank you, I've taken your advice and gone with Bott again. As it happens I received an email from them yesterday on my first (Thomson) claim, with lots of detail and asking for instructions. This was from a different person to the person I'm usually dealing with so perhaps I was just unlucky with who picked up my claim when it first arrived.

    Fingers crossed on this second claim too. In both, the delays were 6+ hours and I wasn't given the care outlined in Article 9; actually, in the Thomson claim I asked for food and water and they explicitly said no (I will never fly with them again). What is the point in having Article 9 if it's not enforced and there is no punishment for non-compliance?? Bott wouldn't even put in a claim for a refund for food and drink against Thomson as they deal ONLY with Article 7. Thomson explicitly refused to refund that expenditure, even though I sent them time and date stamped receipts.

    This whole thing makes me want to scream sometimes.
    #8: Save 12k in 2018: £2,758.01 / £14,000 (19.70%) | #18: Save 12k in 2017: £12,078.82 / £12,000 (100.65%) | #86: Save £12k in 2016: £8,476.09 / £10,000 (84.76%)
    House deposit by 31/12/2020: £24,349.25
    / £60,000 (40.58%) | Emergency fund by 31/12/2020: £2,230 / £5,000 (44.60%)
    • JPears
    • By JPears 27th Feb 16, 1:28 PM
    • 3,677 Posts
    • 1,023 Thanks
    JPears
    Then you need to report them to CAA for failure to adhere to the law regarding your basic subsitance claims.
    It probably won't get you anywhere as an an individual but the CAA need to be made aware of the consistent, deliberate failings of the airlines in complying with the law, as well as basic decency to their fare paying passengers.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • bobobski
    • By bobobski 27th Feb 16, 11:07 PM
    • 705 Posts
    • 1,620 Thanks
    bobobski
    I did report them to the CAA, but they were pretty useless unfortunately.
    #8: Save 12k in 2018: £2,758.01 / £14,000 (19.70%) | #18: Save 12k in 2017: £12,078.82 / £12,000 (100.65%) | #86: Save £12k in 2016: £8,476.09 / £10,000 (84.76%)
    House deposit by 31/12/2020: £24,349.25
    / £60,000 (40.58%) | Emergency fund by 31/12/2020: £2,230 / £5,000 (44.60%)
    • Schnurrbart
    • By Schnurrbart 22nd Jun 16, 3:07 PM
    • 24 Posts
    • 19 Thanks
    Schnurrbart
    Hi all.

    I posted the following in a new thread, not knowing about this one, kindly linked to by another member.

    Please note: I have since had a response from Bott & Co. to my enquiry about scanned documents, so that particular aspect of my post is redundant, and question 1 near the end can be ignored. It’s simpler to just state that here rather than spend ages editing the post to remove any reference to the matter. I hope that’s okay.

    I have also reproduced my second post (minus a now-redundant paragraph), made after being directed to this thread.

    Any help would be greatly appreciated, especially in relation to the matter of paying fees in the event of an unsuccessful claim.

    I apologize both for any confusion caused by my not posting here in the first place, and - again - for the length of this post.

    ********

    1st post:

    First of all, apologies if I should have posted this elsewhere rather than starting a new thread, but I couldn’t find a relevant thread. Also, [S]orry for the length of this post, I err on the side of providing too much information instead of not enough, so please bear with me. The length is also partly due to quoted text.

    This post is about some concerns I have regarding the service I have received from Bott & Co., and regarding a few aspects of their Terms & Conditions.

    I very recently initiated a flight delay compensation claim on Bott & Co.’s website. Before doing this I used their webform to submit an enquiry. On this form the phone number field is a compulsory field, and the email address field is an optional one (on the Step 2 page it’s the other way round). I included my email address and, in the Additional Information field, explicitly (but politely) requested that they respond via email and not by telephone. Yet, shortly afterwards somebody from the firm phoned me and left a message (as I didn’t pick up). The caller didn’t even answer my query; they simply said where they were calling from and requested that I phone them back! Shortly after this I received an email answering my question. I was slightly disconcerted by the sloppy wording of the last line, especially given the email’s origin: “If you have any other problems please do don’t [sic] hesitate to contact us.”

    Anyway, I submitted the required information to get the ball rolling. The confirmation email I received included the line (in bold print): “If you have documentation such as boarding passes, booking confirmations or letters from the airline then please forward them on to us, as it will greatly assist us in dealing with your claim.” As there was no further information on how to forward such documentation I emailed them last night to ask whether they would accept scans rather than the original documents. At the time of writing, I have not had a reply even though their website states: “We usually get back to you within 30 minutes or less during office hours or first thing the next day if not.” Granted, it says “usually” not “always”, but it’s a fairly straightforward question, and they could have acknowledged it even if they needed longer to actually get back to me with an answer. This stands in sharp contrast to the speed of their response to my initial enquiry.

    There also seems to be a contradiction between an email that I received from Bott & Co. this morning and the cover letter for their Terms & Conditions, which I received this afternoon. The email says: “Since taking on your case a 'letter before action' has been sent to the airline informing them that we are now working on your behalf.” However, the cover letter for the T&C says: “In order for us to begin work, we just need you to sign and date the following documents to confirm your instructions for us to act on your behalf.” I’m confused by this; they are apparently already working on my behalf according to this morning’s email, even though at this point I had not even received, let alone electronically signed and returned the T&C document. Further muddying the waters is the statement in the T&C document that “Your continuing instruction in this matter will amount to your acceptance of our terms and conditions of business which is [sic] set out in the Conditional Fee Agreement. However, for the sake of completeness, please sign that agreement. Please further sign and date this letter to confirm your instructions to act on the basis set out above.”

    In the section of the T&C headed ‘Case Conduct and Court Rules’ it says: “It is… vital that you deliver to us all information and documents that we require or which are in any way related to your claim as soon as possible to avoid such risks [i.e. the risks of the Court striking out the case or imposing cost penalties].” This makes the submission of paperwork to Bott & Co. look like a far more urgent and necessary requirement than is suggested in the claim confirmation email referred to in paragraph 4 above. Again, though, there is no information on how and where to forward documents, or whether it is absolutely necessary to send (irreplaceable) originals.

    One last thing that is bothering me is that the claims procedure is touted as being completely risk-free, e.g. the prominent statement on the website that “Our No Win No Fee Promise means you'll never be at financial risk.” Yet point 2 of the section ‘Conditional Fee Agreement: What You Need To Know’ says: “What do I pay if I lose? If you lose you pay your opponents [sic] charges and disbursements. You may be able to take out an insurance policy against this risk. If you lose you do not pay our charges but you may be required to pay our disbursements.” (Under ‘Charges and Expenses’ [page 2] it says: “Also although we have retained the right in the Conditional Fee Agreement to ask you to pay disbursements we reasonably anticipate that we will not have to ask you to fund any such item but rather Bott and Co Solicitors Ltd will fund the disbursements on your behalf and ordinarily seek to recover these sums from the airline.” That does not read to me like a 100% guarantee that I would not have to pay disbursements). Furthermore, point 2 of the CFA [page 6] says: “If you lose you may be liable for the other side’s costs.” So, is the procedure truly free of financial risk as advertised? Of course, the concept of No Win No Fee (i.e. no fee to the solicitor(s) acting on one’s behalf) does not preclude the possibility of having to pay a fee to a party other than one’s solicitor(s), but to repeat myself, Bott & Co clearly and repeatedly emphasize that no financial risk to the client is involved.

    I was initially going to phone or email Bott & Co about all this, but my experience so far hasn’t inspired confidence in them (despite their apparent popularity and high success rate), so I thought I would post here, at least in the first instance. This means I can structure my points more effectively and also - hopefully - get some advice, feedback, etc. (please, no complaints about the length of the post!)

    I am hoping to continue with the claim, but am very hesitant about electronically signing and returning the T&C document until my concerns have been adequately addressed. If anybody who has read this can shed some light on any of the issues raised, from an anecdotal or legal perspective, I would appreciate your input.

    I guess the main questions arising from the waffle above are:

    1 - Am I being over-sensitive about Bott & Co.’s failure to answer my email sent last night, despite having had ample time? Okay, that’s pretty subjective, but for me this (and the fact that they responded to my other enquiry by phone when I clearly asked them not to) raises concerns about their customer service.

    2 - Are they now acting on my behalf or not? They claim they are (and have already issued the airline with a LBA), but also say that they need my e-signature in order to act on my behalf (while also saying that my continued instruction constitutes acceptance of their T&C).

    3 - Is their claims process truly completely free of financial risk to the client? This is the impression given on the website and in the emails I’ve had from the company, but the elements of the T&C that I’ve highlighted suggest otherwise.

    Apologies once again for the length of this post. I do actually have one other question, but I think I’d be pushing it including it here! I look forward to any helpful or positive comments. Thanks.

    ********

    2nd post:


    Ah, thanks tyzap [for the link to this Bott & Co. thread]!

    I've looked through all 19 pages. One particular poster asked the question what happens if you lose, but nobody really addressed that as far as I could tell. Somebody did point out that if Bott & Co. were charging clients for disbursements, etc. after losing a case, then it would probably be well-documented in these very pages (although if Bott & Co. win 99% of cases as claimed, what’s the probability that somebody in the unfortunate 1% will be posting here?). The question of having to pay the opponent’s fees in the event of a lost claim also went unanswered from what I read. It was at least reassuring to see that I’m not the only person who found parts of the T&C confusing and, in some places, apparently contradictory.

    I suppose the next step is to contact Bott & Co. directly to obtain a statement to the effect that I would not have to pay a penny - to Bott & Co. or to “the other side” - if the claim were unsuccessful. I just feel that this would be obviated if there were more clarity in the T&C in the first place (and I don’t really understand the defence that the apparently contradictory wording is due to the company’s need to cover all eventualities). I’ll also draw attention to their failure to reply to my email about forwarding documents, and seek some clarity on the issue of whether they are now acting on my behalf (which presumably constitutes a contract) despite the wording in the letter accompanying the T&C document and the fact that I have not yet signed.

    The majority of people have only good words for this company, so maybe I’m being too wary. I’m just perturbed by a few things, namely their failure to respond to my email, the lack of clarity in their T&C, and the unresolved question of fees and costs in the event of an unsuccessful claim.

    Thank you again for directing me to the appropriate thread.


    • legal magpie
    • By legal magpie 22nd Jun 16, 10:39 PM
    • 870 Posts
    • 382 Thanks
    legal magpie
    This forum is not the place for disputes between solicitors and clients. If you are dissatisfied with Bott and Co or indeed any solicitor, you should first take it up with the partner who has overall responsibility for your case. The name should have been supplied to you in the Client Care letter. If you are still unhappy you should complain to the firm's designated complaints handling partner (all firms are required to have one).
    If that fails you are entitled to complain to the Legal Ombudsman
    • gillimorgan
    • By gillimorgan 23rd Jun 16, 11:28 AM
    • 1 Posts
    • 0 Thanks
    gillimorgan
    Reply to your questions
    In answer to your question:

    2. Yes they have started to act on your behalf. I have used them in the past and they started to make the claim against the airline as soon as I filled in my details on line. I didn't sign my T&Cs straightaway yet I got updates about my case and constant chasing for me to sign my T&Cs.

    3. Yes, it is completely no win no fee so if they don't win, you don't pay. Their customer letters and terms and conditions are the worst i have ever seen and completely contradicts everything within it! I had the same worry and was assured by them that there is absolutely no financial risk to myself.

    Hope this answers your questions.
    • alanfball
    • By alanfball 27th Jun 16, 6:52 PM
    • 1 Posts
    • 0 Thanks
    alanfball
    Did you end up signing the above agreement? If so how are things going? I've just received the agreement to sign but am concerned I might end up out of pocket. I've emailed them to get them to explain it in plain English!
    Originally posted by Liberty1577
    I signed up with Bott&Co after a delay with Ryanair. I received lots of updates about how various claims were progressing in general and was then surprised when I received a cheque from Ryanair as full and final settlement of my claim. I was further surprised when I later started to receive emails from Bott&Co saying that they had noted that I had received the cheque direct to my home address and asking how much it was for, I contacted them stating that I was concerned that they were not aware of the amount as they had told me in their updates that they were attending the courts all the time and was worried that they were not the genuine company. I then received emails restating the agreement that I had signed and that they needed the amount to calculate the invoice.
    The invoice is as follows:
    Compensation amount: £324.62
    Percentage fee: £87.65
    Administration fee: £20.29
    Court fee, fixed costs & interest: £195.55
    Amount due:£303.49
    I believe that Bott&Co are on a legal gravy train and are sitting at the front with a very big ladle.
    • JPears
    • By JPears 27th Jun 16, 11:06 PM
    • 3,677 Posts
    • 1,023 Thanks
    JPears
    You probably wouldn't have got that cheque at all if Botts hadn't put their money where their mouth is and taken, at their expense/risk, several cases to the highest courts of the land. They have to recoup all that time effort and expense.. You didn't pay the court fees etc, Ryanair should have done that in their settlement figure to you.
    If you wanted all the money you could have gone DIY.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • DrA_Harrogate
    • By DrA_Harrogate 28th Jun 16, 12:46 PM
    • 255 Posts
    • 98 Thanks
    DrA_Harrogate
    Botts etc
    You probably wouldn't have got that cheque at all if Botts hadn't put their money where their mouth is and taken, at their expense/risk, several cases to the highest courts of the land.
    Originally posted by JPears
    Absolutely right JP. However, it seems the charges are not crystal clear in their material. All legal documents are of course terrifying but the volume of confused folk implies a spot of tidying up would be in order.
    • JPears
    • By JPears 28th Jun 16, 2:43 PM
    • 3,677 Posts
    • 1,023 Thanks
    JPears
    Possibly. But I think its also the realisation that they are losing a chunk of money, without knowing what effort and time goes into these claims.
    I recently had some PPI refunded via claimsguys, yes they did little work and took 30% plus VAT but it saved me a lot of time and effort.
    It was hard paying the amount by bacs but I had done nothing except 2 phone calls and sign a few forms.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • Ploppy1
    • By Ploppy1 29th Jun 16, 1:53 PM
    • 5 Posts
    • 0 Thanks
    Ploppy1
    I am trying to claim compensation from Easyjet and after doing a Google search on how to do it I got a form up to complete. I thought it was an Easyjet form but turns out it was from this company. Now they keep sending emails saying they are taking the case on and written to eastern on my behalf. I emailed them straightaway to say stop but am now a bit worried. The whole thing is turning into a nightmare any advice?
    • Vauban
    • By Vauban 29th Jun 16, 2:03 PM
    • 4,725 Posts
    • 2,090 Thanks
    Vauban
    I am trying to claim compensation from Easyjet and after doing a Google search on how to do it I got a form up to complete. I thought it was an Easyjet form but turns out it was from this company. Now they keep sending emails saying they are taking the case on and written to eastern on my behalf. I emailed them straightaway to say stop but am now a bit worried. The whole thing is turning into a nightmare any advice?
    Originally posted by Ploppy1
    Who is the company you signed up with?

    Edit: By "this" company, I see you mean Bott. There are quite a few companies out there whose websites, if you search "easyJet flight compensation" could arguably be misrepresenting themselves. But Bott is definitely not one of those, and I would struggle to understanding how you could confuse Bott's website with the easyJet one. What was the link you clicked on?
    Last edited by Vauban; 29-06-2016 at 2:08 PM.
    • khblue
    • By khblue 8th Feb 18, 12:47 PM
    • 8 Posts
    • 0 Thanks
    khblue
    Connecting flights
    Hi.

    I'm a bit of a newbie but have done a fair bit of reading around.

    We travelled with a single booking made on united.com from Bristol-Brussels-Washington-Denver (3 connecting flights.)
    Only the Washington-Denver was delayed (by 18 hours!) due to a technical fault with the aircraft (broken intercom.)

    Does the October 2017 ruling mean that this journey is covered by 261/400, since it was a single through ticket from Bristol to Denver.

    European Court of Appeal recently (11th October 2017, Gahan v Emirates and Buckley v Emirates) upheld the ruling of the European Court of Justice in Case C-11/11 (Folkerts), that:

    “The compensation for long delays is also due to passengers of directly connecting flights reaching their final destination with a delay of at least three hours. The delay to be taken into account is the delay at arrival, including in case of flight connections. It does not matter whether the delay occurred at the departure airport, at the connecting airport(s) or at any stage of the journey, only the delay at the final destination of the journey is relevant for the right to compensation. “


    Clarity would be good. Currently being offered $150 voucher

    Thanks
    Kevin
    • JPears
    • By JPears 8th Feb 18, 3:21 PM
    • 3,677 Posts
    • 1,023 Thanks
    JPears
    Yes it should do.
    However, United will probably fight it.
    The current offer could be interpreted as a go away offer but to us is an admission of liability.
    There first response, if they are aware of the Emirates case, is that Emirates are supposed to be appealing to the Supreme Court to seek leave to appeal the appeal in CoA.
    Nobody knows if this has progressed or not as the higher courts are a very slow process with little information available.
    Technically the result of Emirates/Gahan is now law and applicable.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • happyhunter1
    • By happyhunter1 22nd Feb 18, 2:16 PM
    • 1 Posts
    • 0 Thanks
    happyhunter1
    Success
    Hi - just had a confirmation from Bott that our claim against Thomson was successful.


    This was a 6 hour delay (Turkey to London last summer) due to a lightning strike on the inbound plane.


    In the end Bott served court proceedings, but Thomson didn't go any further.


    We signed up to Bott in November 2017.


    Hope this helps someone. I would recommend the firm.
    • Tyzap
    • By Tyzap 22nd Feb 18, 3:55 PM
    • 1,380 Posts
    • 638 Thanks
    Tyzap
    Thanks for the update Happyhunter1,

    I'm glad all went well for you.

    You benefited from Bott & Co being a regulated solicitor who can and do issue proceeding against airlines as and when required. Claims assistance companies cannot do this themselves and wait for firms like Botts to lead the way then jump on their coat tails.

    Bott and Co are far more pro active at pursuing the airlines through the courts, as you have found, and have many more notable court successes that any other law or assistance company. Many 'escape routes' for the airlines have been closed by Botts winning precedent setting legal cases.

    I hear on the grape vine that more are being worked upon as I type, which could open the way for even more claimants.

    Much credit should be given to them because without their pioneering work hundreds of thousands of claimants would not have received any compensation.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
    • Tilla Tech
    • By Tilla Tech 23rd Mar 18, 4:17 PM
    • 5 Posts
    • 0 Thanks
    Tilla Tech
    Ryanair fees
    Hi
    I read in the Independant that Bott & Co have lost a High Court case against Ryanair regarding fees.
    Anyone know what this is about ?

    I cant post the link due to being new user.
    • Justice13075
    • By Justice13075 23rd Mar 18, 5:09 PM
    • 1,124 Posts
    • 459 Thanks
    Justice13075
    Please correct me if I am wrong, it seems that clients being represented by Bott are having their compensation sent straight to them and not through Bott. So Bott tried to claim the roughly 30% they take from a claim from Ryanair and lost, but say they are going to appeal. Why don't they just claim it from the clients?
    • jpsartre
    • By jpsartre 24th Mar 18, 8:55 AM
    • 3,159 Posts
    • 2,079 Thanks
    jpsartre
    Why don't they just claim it from the clients?
    Originally posted by Justice13075
    They do but around 1/3 don't pay up.
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