Originally Posted by
smala01
You sound like my lawyer
I cannot disagree with your statement, however this is more our view on probability of success. I am comfortable that i may be more bullish than many on the thread and totally accept that one is subject to the mood of the judge on the day.
All the factors you mention are in the hands of the airline. Its an operational decision of how many "spare" aircraft or spare crew to maintain in the schedule. The legislation is very pro-consumer and the rulings i have seen have set a very low bar to "extraordinary". Personally i would be very inclined to raise a money claim in view of any knock-on delays. (Or at the very least hand it to one of the claims companies). I can also respect that for many its just not worth their time.
This is quite a common attitude when a client is chasing free money, but being bullish is not enough. There is far too much emphasis being put on “extraordinary”, whilst that will no doubt be a significant area of argument, the issue of “reasonable measures” will be the main focus of the defence to these claims. Woe betide those who go unprepared to offer a full rebutle of the defence.
Now it is possible BA will take an economic view and settle some of these claims, or it may chose to defend them. We do not know. Some claims may succeed whilst others fail. Those who decide to proceed need to be mindful that it is not having a bullish attitude that will succeed but having a carefully, well thought out case backed up with evidence and reasoned legal argument.