Bott and Co Solicitors has been instructed to represent clients in two landmark flight delay compensation claims at the Court of Appeal this month in the space of just ten days.
The Cheshire-based law firm is representing litigants Mr Dawson and Mr Huzar in their respective cases against Thomson Airways and Jet2.com this May.
Dawson versus Thomson Airways deals with the issues surrounding limitation for flight delay claims under Regulation EC 261/2004. Mr Dawson uses section 9 of the Limitation Act 1980 to substantiate his argument that UK law states he has six years to bring a claim for flight delay compensation. Thomson Airways contest this, citing the Montreal Convention 1999 which they say gives air passengers just two years to bring a claim.
Huzar versus Jet2.com sees the claimant seeking compensation from the airline pursuant to article 7 (1)(b) of Regulation EC 261/2004 for a delay caused by a technical defect. Jet2.com insists the nature of the technical defect that caused the delay constitutes an extraordinary circumstance within the meaning of Article 5(3) of the Regulations and as such, no compensation is due.
Mr Dawson originally issued proceedings against Thomson Airways in 2012 following a delayed flight from London Gatwick to Dominican Republic in December 2006. He won in the first instance, representing himself as a litigant in person at Cambridge County Court on 15th July 2013 before HH Judge Yelton. The airline then applied for leave to appeal this decision.
Mr Huzar issued proceedings against Jet2.com after a 27 hour delay on his return from Malaga to Manchester in October 2011 caused by a wiring defect in the fuel valve circuit which needed replacing. Mr Huzar represented himself at Stockport County Court on 10th June 2013 but lost in the first instance. Bott and Co successfully appealed on his behalf at Manchester County Court on 15th October 2013 before HH Judge Platts; the air carrier is now appealing that appeal.
Akhil Shah QC of Fountain Court Chambers was instructed by Bott and Co. Robert Lawson QC of Quadrant Chambers was instructed by both airlines.
David Bott, Senior Partner at Bott and Co said: “It is superb to be taking these two issues to the Court of Appeal. The decisions will fundamentally affect hundreds of thousands of people on a yearly basis. We sincerely hope that the Court of Appeal decisions follow the European Court of Justice and that airlines when then stop obfuscating and coming up with groundless reasons to deny passengers what is rightfully theirs.”
The judgements are expected within the next few months.
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Notes to Editors
See here for further details of the Dawson V Thomson Airways Ltd hearing.
Huzar V Jet2.com to be heard on either 22nd or 23rd May 2014.
- Bott and Co is a solicitors firm based in Wilmslow, Cheshire and specialising in personal injury and flight delay compensation.
- The company was founded in 2001 by David Bott, Paul Hinchliffe and Gary Froggatt.
- Bott and Co employ 75 staff and a quarter of those staff have received funding for training or career development from the company.
- The business had a turnover of £11.8m in 2012/13.
- Bott and Co won CILEx Employer of the Year in 2010, Modern Law’s Team of the Year and Rising Star in 2013 and the Law Society Excellence Award in Business Development and Innovation 2013.
- David Bott is a past president of the Association of Personal Injury Lawyers (APIL).
- Bott and Co is one of the most productive law firms in the country, ranking 4th for revenue per lawyer in The Lawyer’s UK200 in 2012.
About Bott and Company
Bott and Company is a specialist consumer rights law firm founded in 2001 by David Bott, Paul Hinchliffe and Gary Froggatt and was one of the first firms to be granted Alternative Business Structure (ABS) status.
The Company believes in delivering a great value and high quality legal service to its customers and is committed to maintaining ethical conduct at all times.
Modern Law Awards
Bott and Co were shortlisted in five categories for the 2013 awards including Innovation of the Year and ABS of the Year, winning Team of the Year and Rising Star awards.
Law Society Excellence Awards
Winners of Excellence in Business Development and Innovation award, also shortlisted for Junior Lawyer of the Year and Excellence in Marketing and Communications in 2013. Bott and Co were shortlisted for a practice management award in 2007 at the Law Society Excellence Awards.
Investors In People
We continue to be accredited as an Investor in People and receive regular audits to ensure we comply with this kitemark
The quality and high standard of the business and the practice management is demonstrated with the award of the Lexcel Practice Management Accreditation from the Law Society.
Manchester Legal Awards – Law Firm of the Year
We are proud to have been a finalist in the category of Law Firm of the Year at the Manchester Law Society legal awards 2012.
ilex Employer of the Year 2010
Bott and Co won the ilex Employer of the Year in 2010 due in large part to our unique internal training programme – Bott Academy
About Regulation 261/2004
The European Union has published a universal form that can be used for filing complaints in relation to Regulation 261/2004 (air passenger rights). This form must be accepted under European law by ALL airlines and ALL European national enforcement bodies.
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