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  • FIRST POST
    • Kalashnikov
    • By Kalashnikov 19th Mar 15, 4:14 PM
    • 14Posts
    • 3Thanks
    Kalashnikov
    Emirates Missed connection at DUBAI
    • #1
    • 19th Mar 15, 4:14 PM
    Emirates Missed connection at DUBAI 19th Mar 15 at 4:14 PM
    GOD I am LIVID!!!, Emirates are refusing to payout compensation because they are hiding behind some loop hole about how their airport is outside the EU and my connecting flight was flying outside the EU, even thou it was the flight from BHX that caused the missed connection and me reaching my final destination a whole 17+ hours late.

    They had assured me they would hold the flight back when asked at BHX.

    Dear Mr XXXXXX

    I refer to your online feedback received yesterday, regarding compensation under EC261/2004.

    Passengers are now able to claim for compensation for delayed flights from the UK where the delay to the arrival in Dubai is more than three hours and if the delay was not due to extraordinary circumstances which were beyond an airline's control.

    A review of your case shows that you were travelling on flight EK038 from Birmingham to Dubai on 29 January 2015.

    Flight EK038 arrived on stand at Dubai 2 hours and 16 minutes later than scheduled which regrettably caused you to misconnect with your onward flight to Colombo. As this is less than three hours, EU compensation does not apply.

    For further clarification to avoid any doubt your departing flight from Dubai to Colombo, has no connection with the EU and does not involve an EU carrier and is therefore not governed by EU regulations.

    Thank you for contacting us and for allowing me to clarify our position.

    Yours sincerely

    Customer Affairs UK
Page 2
    • Kalashnikov
    • By Kalashnikov 13th Oct 17, 4:27 PM
    • 14 Posts
    • 3 Thanks
    Kalashnikov
    there has been significant update to this scenario and case.

    please see flow links or find my similar thread with more info on flyer talk.

    In light of recent court ruling B2/2017/0942 Darren Buckley Karen Buckley Jordan Buckley and Emirates.

    the Liverpool County Court ruled in the case of Buckley that passengers flying from the EU to a non-European destination via a non-European connecting hub were due compensation for a delay of more than three or four hours to their overall journey, even if delays on the European leg fell below the ordinary threshold required to attract compensation. Judge Baldwin said the wording of the regulations and subsequent interpretative case law clearly stated that delays were quantifiable based on a passenger!!!8217;s time of arrival at their final destination, irrespective of whether that journey was broken into two separate legs.

    find the CAA new article cant post here
    Last edited by Kalashnikov; 13-10-2017 at 4:27 PM. Reason: f
    • Tyzap
    • By Tyzap 13th Oct 17, 7:07 PM
    • 1,341 Posts
    • 626 Thanks
    Tyzap
    Link to article found here...

    http://forums.moneysavingexpert.com/showpost.php?p=73252135&postcount=10796
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
    • Happychappy
    • By Happychappy 25th Nov 17, 8:45 AM
    • 2,702 Posts
    • 2,651 Thanks
    Happychappy
    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
    • By JPears 25th Nov 17, 8:52 AM
    • 3,600 Posts
    • 998 Thanks
    JPears
    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?
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • araeho
    • By araeho 8th Jan 18, 4:13 PM
    • 10 Posts
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    araeho
    Any Update on the appeal of the appeal?
    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
    • By JPears 8th Jan 18, 5:51 PM
    • 3,600 Posts
    • 998 Thanks
    JPears
    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
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • araeho
    • By araeho 9th Jan 18, 8:37 AM
    • 10 Posts
    • 0 Thanks
    araeho
    Any Update on the appeal of the appeal?
    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
    • By JPears 9th Jan 18, 9:22 AM
    • 3,600 Posts
    • 998 Thanks
    JPears
    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.
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    The alleged Ringleader.........
    • araeho
    • By araeho 9th Jan 18, 4:56 PM
    • 10 Posts
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    araeho
    Flight delay - Emirates
    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
    • By araeho 30th Jan 18, 7:56 AM
    • 10 Posts
    • 0 Thanks
    araeho
    Any Update on the appeal of the appeal?
    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
    • By araeho 31st Jan 18, 4:48 PM
    • 10 Posts
    • 0 Thanks
    araeho
    CAA latest advise following an email to them...
    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.

    • Happychappy
    • By Happychappy 31st Jan 18, 6:44 PM
    • 2,702 Posts
    • 2,651 Thanks
    Happychappy
    Hi

    No I didn't use a solicitor, my initial claim was turned down by Emirates, so I sought advice from Bott and Co, but they were to windy to take the case on

    I am going to wait another month and then write again to Emirates as this would clearly be sufficient time for their alleged appeal to be lodged, or their request for a review, I will then take it up through the CAA etc, I was hoping that Emirates would abide by the ruling, but clearly not yet.

    HC





    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.
    Originally posted by araeho
    [/QUOTE]
    • JPears
    • By JPears 31st Jan 18, 7:54 PM
    • 3,600 Posts
    • 998 Thanks
    JPears
    As the CAA state, the CoA ruling is now English law. And as far as we know, the SC haven't given leave to appeal the appeal ruling from the CoA.
    For those making claims I would suggest you make claims of interest to be added at the outset. The delay before resolution could be considerable. Nothing happens quickly in the higher courts.
    1st the SC has to decide if Emirates can actually appeal. That will take some time.
    Then if they are granted leave to appeal, the actual time to get to court then the considered judgement will take longer. We may be looking at 9months at least.
    Emirates have clearly gone back on their word given to CAA accepting the outcome of CoA.
    If it were me I would be progressing to NBA then legal action stage as you have plenty of legal ammunition. The worse than can happen is case is stayed by small claims court but at least your potential interest meter is ticking away.
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    The alleged Ringleader.........
    • cosyc
    • By cosyc 22nd Feb 18, 8:34 PM
    • 336 Posts
    • 137 Thanks
    cosyc
    We traveled over xmas on a single ticket with emirates from Manchester to Queenstown, New Zealand.

    Our outbound flight from Manchester to Dubai was delayed due to the inbound flight arriving late reportedly due to fog in Dubai.

    We left Manchester 2 1/2 hours late, arrived Dubai 2 hours late. Originally we had 2 hours between flights. They held the connecting flight to Auckland but due to staff delays at the gate eventually left Dubai 1 1/2 hour later than expected.

    We arrived in Auckland 1 hour 10 minutes late, so 45 minutes between our next flight. This was with Jetstar but still on the same booking code.

    Emirates emailed up during the flight to say due to operational requirements they had changed our itinerary and so booked us on a flight for the next day.

    I will say that was all organised very well, at the door to the plane they presented us with tickets for the new flight (air new zealand), hotel accommodation voucher. But at the end of the day we had traveled half way round the world to spend xmas with my son and actually arrived a day late.

    Can you give advice if i can make a claim or shall i wait until any further news on the ruling. shall i still quote the fixed compensation as specified in EC 261/2004 and should i include/quote the buckley case.

    Thanks for any advice.
    • Tyzap
    • By Tyzap 22nd Feb 18, 9:58 PM
    • 1,341 Posts
    • 626 Thanks
    Tyzap
    You need to wait for the outcome of the appeal.

    You were delayed less than 3 hours on the flight from MAN so no compensation due until it's clarified in law.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
    • JPears
    • By JPears 23rd Feb 18, 8:52 AM
    • 3,600 Posts
    • 998 Thanks
    JPears
    It is actually clarified in law until the point where Emirates are given leave to appeal. At the moment there is no news that I am aware of as to whether this has been given, or not.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • jpsartre
    • By jpsartre 23rd Feb 18, 9:23 AM
    • 3,095 Posts
    • 2,042 Thanks
    jpsartre
    Our outbound flight from Manchester to Dubai was delayed due to the inbound flight arriving late reportedly due to fog in Dubai.
    Originally posted by cosyc
    Technicalities about missed connections outside the EU aside, this could well fall under extraordinary circumstances.
    • JPears
    • By JPears 11th Mar 18, 1:26 PM
    • 3,600 Posts
    • 998 Thanks
    JPears
    Latest trick from Emirates.
    https://www.msn.com/en-gb/news/world/grounded-by-snow-you-owe-us-%c2%a31600-emirates-tells-holiday-couple/ar-BBK4ICR?li=AAnZ9Ug&ocid=mailsignout

    They are reviewing how many other passengers they may have conned...
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    The alleged Ringleader.........
    • Alan Bowen
    • By Alan Bowen 16th Mar 18, 9:26 AM
    • 3,025 Posts
    • 1,529 Thanks
    Alan Bowen
    The good news is that the matter has been concluded. The Supreme Court has refused Permission to Appeal to Emirates saying there is nothing to discuss as the matter is clear from previous decisions of the European Court. There is nowhere else for Emirates and other airlines who used the same excuse to go, even Andrew Haines of the CAA has said it is time airlines stopped prevaricating and pay out for connecting flights . I suggest all those waiting for this decision, write and remind the airline of the amount outstanding.
    Last edited by Alan Bowen; 18-03-2018 at 12:44 PM.
    • JPears
    • By JPears 16th Mar 18, 11:29 AM
    • 3,600 Posts
    • 998 Thanks
    JPears
    Good news indeed. Perhaps we should PM all those on this thread to let them know?
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
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