Originally Posted by
adam007
I also doubt BA would have been that quick to respond to Huzar, given it will likely be appealed.
Congrats on obtaining what was rightfully yours.
For clarity on what may happen next Bott and Co comment:
The Court of Appeal refused Jet2.com leave (permission) to appeal so Jet.com have said they will ask the Supreme Court for leave to appeal. [They have 28 days in which to do this]. There is no guarantee they will be allowed to appeal and even if they were, the same arguments will be used that have already been unsuccessful in Manchester County Court and the Court of Appeal.
We are now in line with the rest of Europe following yesterday’s judgment and for the Supreme Court to go against that would be highly unusual.
Supreme Court appeals list, case after case refused with this reason:
Permission to appeal be refused because the application does not raise an arguable point of law of general public importance which ought to be considered by the Supreme Court at this time, bearing in mind that the case has already been the subject of judicial decision and reviewed on appeal. The Court of Appeal’s decision was correct for the reasons they gave.
Jet2 have nothing to lose by seeking leave to petition the Supreme Court. Even if their petition is accepted and they subsequently lose in that Court, it will have successfully fended off many more claims through talk of stays etc. Then we shall have 2015 upon us and a revised 261/2004 from which there will be many responses to claims arising before the commencement of the revision stating not valid/time barred/diff set of ECs now apply/further stays due to new case law applications etc
So far from a complete drubbing it is certain that airlines will take some comfort from Jet2 proceeding as far as they can in their efforts to kick claims into the long grass.