Originally Posted by
Tobias-UK
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.
Based on my experience of MCOL proceedings with BA recently, I’d entirely agree with this. Now, mine was for a downgrade from BA F to VS J on an invol re-route after an A380 went tech, so different to a delay, but I can assure you BA’s defence was very, very comprehensive, running to 10 pages - and I only got a satisfactory settlement in mediation because I sent a well researched and arguably more legally accurate response back. I also needed to be bullish and hold my nerve and in the end BA effectively folded, but without that first response there’s no question they’d have gone to court.