Jet2.com today filed an application to the Supreme Court, the highest Court in England and Wales, seeking permission to appeal the Huzar v Jet2.com judgment handed down by the Court of Appeal in June. The Supreme Court must now decide whether or not they wish to grant leave (permission) to appeal.
Last month Court of Appeal Judges Lord Justices Laws and Elias and Lady Justice Gloster ruled against the airline and in favour of Mr Huzar, finding that a technical problem cannot be considered an extraordinary circumstance under the terms of EC Regulation 261/2004. The Judges also denied the airline permission to appeal the decision, which has led the budget carrier to now apply directly to the Supreme Court.
Jet2’s decision will mean that cases affected by the issues under discussion in Huzar v Jet2.com are likely to be stayed (put on hold). The result for consumers is more waiting.
Jet2.com’s decision to apply for leave to appeal to the Supreme Court will mean that cases affected by the issues under discussion in Huzar v Jet2.com are likely to be stayed (put on hold). The result for consumers is more waiting.
It is worth noting that the Supreme Court closes for all of August and September and unfortunately this is likely to delay matters further. If the Court does not deal with the matter before the summer break, it will do so when it re-opens in October 2014.
Bott and Co we will be inviting the courts to apply the Court of Appeal decision now, until such time as there is a decision from a higher court saying otherwise.
We will be inviting the courts to apply the Court of Appeal decision now, until such time as there is a decision from a higher court saying otherwise. We are hoping to hold discussions with the judiciary on behalf of the passengers to argue that these cases should not be put on hold indefinitely, especially as there is now a binding decision from the Court of Appeal. As it stands the Huzar ruling is good law and we are urging the courts to follow these decisions.
David Bott, Senior Partner here at Bott and Co said: “It is disappointing that Jet2.com has decided to seek permission to appeal. Their submissions are largely the same as those which were unsuccessful at Manchester County Court and at the Court of Appeal. In effect they are running an argument which has failed twice and which has already been decided upon in separate cases in the Court of Justice of the European Union.
“Ultimately in this instance the losers are consumers. For you the passengers, justice delayed is justice denied.”
We will keep you updated with any further developments that will affect your case over the coming months.
If you have any questions about your flight delay claim in the meantime then do not hesitate to contact us by email, phone 0872 435 0099, by following us on Twitter and Facebook or using our webchat facility on our website.