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

[JDB]

ChrisC wrote:

If this was me I’d be more than happy to take this to MCOL

Would you really be “happy” when you need to pay over £800 of court fees as advised by the OP and would potentially be at some risk of BA’s costs? That’s ignoring the cost of your time.

The law is deliberately vague so as to allow each case to be decided on its facts. It simply isn’t a black and white decision, so two judges could easily come up with a different and properly reasoned judgment and neither be wrong in law. In this instance BA will big up its win at CEDR saying it was the decision of a specialist aviation arbitration service etc. and the DJ or DDJ considering the case may well not have seen a similar case. [with the benefit of hindsight the OP might have been better to go to MCOL initially although his reasoning for not doing so was entirely rational and sound]

MCOL requires the claimant to establish the proper legal basis for the claim which CEDR does not. This is a little harder than it might seem at first glance.

These, and many other issues are all factors anyone needs to weigh up carefully.

Your comment re judges and getting up in the morning would suggest you haven’t appeared before very many.

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