Originally Posted by
KARFA
Yes, but clearly this is not a clear cut issue. I only include the caveat above as others need to be aware they will still need to go to CEDR and roll the dice like you. Your decision is binding on BA for your case and has no bearing on anyone else's case and does not set any precedent for others in any legal sense, although it may provide some encouragement for others to try.
I agree it’s not a clear cut issue and I am aware the decision has no bearing from a legal perspective on anyone else’s case. It’s useful to share and I don’t think others intend to piggyback of the decision as it’s not possible to do so. I did mention that my case was somewhat complex and each case as you say would need to be reviewed on its merits.
Nonetheless, I am just sharing my experience and the decision in case it’s useful to others.