Airclaim Notice 3rd October 2014
Jet2 v Huzar; Thomson v Dawson: permission to appeal applications
We have received a number of queries about these two appeals.
On 8 July 2014, Jet2 lodged an application for permission to appeal the Court of Appeal’s judgment in Jet2 v Huzar, which found in favour of a passenger on the question of the meaning of “extraordinary circumstances” in the context of airlines’ liability for delay compensation claims. On 14 July 2014 Thomson Airways applied for permission to appeal a separate Court of Appeal judgment in a case relating to similar issues, Dawson v Thomson Airlines.
This has resulted in many claims being stayed from a litigation point of view until the Supreme Court hands down a final ruling which we recognise has been very frustrating for our clients. We ask for your continued patience a little while longer.
The airlines’ applications will now be considered by a panel of three Supreme Court Justices on the basis of written submissions from the various parties. The panel will reach a decision on whether the linked appeals should proceed to a full hearing. It is anticipated that this decision will be made by early November 2014.
If permission is refused all claims submitted which have been refused or been put on hold by the airlines awaiting this ruling, will be re submitted in the full expectation of compensation to be awarded.
If permission is granted, there will then be a full hearing at the Supreme Court, probably sometime during the first half of 2015. The Court’s judgment would then follow a few weeks after the hearing.
Of course this decision will not affect claims under EU 261 which are delayed due to non extraordinary circumstances.
The decision on whether or not Jet2 and Thomson are granted permission to appeal will be published prominently on our website and via our social media feed.