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The 2017 BA compensation thread: Your guide to Regulation EC261/2004

The 2017 BA compensation thread: Your guide to Regulation EC261/2004

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Old Oct 24, 17, 3:07 am
  #1591  
 
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Originally Posted by KARFA View Post
Have you got a reference to these to these CEDR cases?
Reference the WWW.
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Old Oct 24, 17, 3:12 am
  #1592  
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Originally Posted by Tyzap View Post
Reference the WWW.
May be a bit difficult without names or anything like that.

I assume if you have heard of these cases you may know which they are? Since this is clearly a grey area and lots of folks on here are interested you could be a bit more helpful than just saying "reference the WWW"?
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Old Oct 24, 17, 5:35 am
  #1593  
 
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KARFA,

You can read the history of many cases here...

http://forums.moneysavingexpert.com/...play.php?f=251
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Old Oct 24, 17, 5:45 am
  #1594  
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Originally Posted by Tyzap View Post
KARFA,

You can read the history of many cases here...

http://forums.moneysavingexpert.com/...play.php?f=251
Thanks Tyzap. However, this is just general threads and comments on every aspect of EC261 compensation.

I had thought based on your comments that you were referring specifically to strikes and that you may be aware of some cases where CEDR has ruled that strike action doesn't constitute extraordinary circumstances - is that the case? Can you let us know which cases these are if so?

On Mattt1's case we obviously don't know any details so it is very difficult to be drawing any conclusions.
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Old Oct 24, 17, 6:24 am
  #1595  
 
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Originally Posted by KARFA View Post
Thanks Tyzap. However, this is just general threads and comments on every aspect of EC261 compensation.

I had thought based on your comments that you were referring specifically to strikes and that you may be aware of some cases where CEDR has ruled that strike action doesn't constitute extraordinary circumstances - is that the case? Can you let us know which cases these are if so?

On Mattt1's case we obviously don't know any details so it is very difficult to be drawing any conclusions.
No, you have misunderstood what I was saying.

In my second paragraph I was referring to all other CEDR cases, not specifically to do with strikes. It was a general comment about CEDR, and how most airlines force claimants to go down this path unnecessarily.

In Mattt1's case it is not clear, but he seems happy with CEDR who have, presumably, found in his favour. Any possible confidentiality clause would have been enforced by BA's solicitors after the CEDR finding.
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Old Oct 24, 17, 7:56 am
  #1596  
 
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Originally Posted by Tyzap View Post
No, you have misunderstood what I was saying.

In my second paragraph I was referring to all other CEDR cases, not specifically to do with strikes. It was a general comment about CEDR, and how most airlines force claimants to go down this path unnecessarily.

In Mattt1's case it is not clear, but he seems happy with CEDR who have, presumably, found in his favour. Any possible confidentiality clause would have been enforced by BA's solicitors after the CEDR finding.
I don't quite understand where a confidentiality clause would come in a CEDR judgment - they would (I assume) say "we find that x should pay y", not then "and Y shouldn't talk about it at all". I would guess that BA made an offer to Matt1 ahead of CEDR judgement dependent on an NDA, which he accepted.

In an open and shut case my price for agreeing to an NDA would be at least as much again as the EU261 compensation I was due!
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Old Oct 24, 17, 9:10 am
  #1597  
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Originally Posted by Tyzap View Post
No, you have misunderstood what I was saying.

In my second paragraph I was referring to all other CEDR cases, not specifically to do with strikes. It was a general comment about CEDR, and how most airlines force claimants to go down this path unnecessarily.

In Mattt1's case it is not clear, but he seems happy with CEDR who have, presumably, found in his favour. Any possible confidentiality clause would have been enforced by BA's solicitors after the CEDR finding.
This would not happen. A confidentiality clause would be agreed by the parties as part of a settlement agreement if a compromise or settlement is reached without adjudication of the CEDR or county court.

Are you aware of any decions of CEDR that, when promulgated, are marked ‘confidential’?
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Old Oct 24, 17, 9:26 am
  #1598  
 
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Originally Posted by Tobias-UK View Post
This would not happen. A confidentiality clause would be agreed by the parties as part of a settlement agreement if a compromise or settlement is reached without adjudication of the CEDR or county court.
Not quite true mate - the county court mediation service will always comes with an NDA from British Airways attached to any offer they make.

BA know that if they offer what you’re looking for as a settlement just prior to the hearing - but with an NDA attached - you’d be mad not to accept.

Anyone with some soft social skills can see what has happened in Matt’s case.
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Old Oct 24, 17, 9:39 am
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I once read one post from one person on this website who had soft social skills.

Hat, coat,......
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Old Oct 24, 17, 9:42 am
  #1600  
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Originally Posted by 710 77345 View Post
Not quite true mate - the county court mediation service will always comes with an NDA from British Airways attached to any offer they make.

BA know that if they offer what you’re looking for as a settlement just prior to the hearing - but with an NDA attached - you’d be mad not to accept.

Anyone with some soft social skills can see what has happened in Matt’s case.
A mediation is a compromise, it will be a compromise agreement rather than a judgment after a hearing with no automatic confidentiality clause. The claimant is under no obligation to accept the confidentiality clause.

As for Mattt1’s result, we can only assume what has happened - we cannot be certain. In litigation one shouldn’t assume but rely on fact.
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Old Oct 24, 17, 9:48 am
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Originally Posted by Tobias-UK View Post
A mediation is a compromise... The claimant is under no obligation to accept the confidentiality clause.
It's not necessarily a compromise - in my experiences, BA have always offered up the full amount requested in the claim. Have you had them offer a proportion of what you claimed - and do you think this was because your cases were less assured of a successful judgement?

Of course, there's no obligation to accept the County Court Mediation offer, but if they're giving you everything you asked for without having to take a day off work and risk the tiny % of a crazy magistrate then most people would say it's a slam dunk.
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Old Oct 24, 17, 9:54 am
  #1602  
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Originally Posted by 710 77345 View Post
It's not necessarily a compromise - in my experiences, BA have always offered up the full amount requested in the claim. Have you had them offer a proportion of what you claimed - and do you think this was because your cases were less assured of a successful judgement?

Of course, there's no obligation to accept the County Court Mediation offer, but if they're giving you everything you asked for without having to take a day off work and risk the tiny % of a crazy magistrate then most people would say it's a slam dunk.
Then that will be a settlement agreement, not a judgment of the court after a hearing. It is up to the parties to agree what is included the draft order. Only once the parties agree on the terms of the settlement agreement will it be sent to the court for the court’s approval.
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Old Oct 24, 17, 10:49 am
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Originally Posted by Tobias-UK View Post
Then that will be a settlement agreement, not a judgment of the court after a hearing.
No-one was saying otherwise, this was part of the county court process involving a court-appointed mediator included as part of your filing cost.
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Old Oct 24, 17, 11:16 am
  #1604  
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Originally Posted by 710 77345 View Post
No-one was saying otherwise, this was part of the county court process involving a court-appointed mediator included as part of your filing cost.
I think you might be arguing with yourself here

https://www.flyertalk.com/forum/28970481-post1598.html
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Old Oct 24, 17, 12:05 pm
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Originally Posted by Tobias-UK View Post
I think you might be arguing with yourself
I'm not here to argue, just bringing real life experiences and facts to the discussion. Hopefully some of it was useful!
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