Reply To: Lost at CEDR with BA – what next?

[Lady London]

@Jerry since you ask, I thought @meta’s post summed it up. Whatever happens you will still be able to get a refund.

Which in a funny way, as you know a refund isn’t going to go anywhere near the cost of replacing the same travel, means I would do my research and probably take the risk of MCOL. As if I don’t win that travel is gone now.

On costs it’s pretty rare for a claimant to be stuck with costs at MCOL even if they lose. Protecting ordinary people from having costs awarded against them is one of the reasons the small claims track exists.

I feel you’ve got a perverse decision which is a much greater risk at CEDR. CEDR can disregard the law if they think a different outcome is more reasonable. MCOL decision must be based on the law so it’s not impossible that a judge will ‘find’ legal reasons to fit their particular judgment but it’s less likely.

I think I would read around case law, follow @JDB’s advice to read and analyse the detail of this CEDR decision, then if I submitted to MCOL I would put in the detail about the business months, I would produce at least 3-5 quotes across 3 other airlines showing similar costs, I would also in any hearing present my case humbly and request the help of the court to let me still have the travel I dreamed of (having explained the many attempts, and my business and any other constraints in appendix part(s) of the written submission). I’d lay out the case but not quote law as.such in the actual hearing, just explain and request.