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Hi
My flight was cancelled after boarding time in April. Ba have paid expenses but refused compensation citing extraordinary circumstances (flight crew shortage as a result of covid 19) they are ignoring my letter before action now. I would imagine it is a fairly watertight case for a MCOL – they ignored the CAA advice I sent. Anyone got any thoughts about whether i am likely to succeed with MCOl. Thanks
HugoYou will win if you present your case well and cite relevant legislation and the case law. There are several ECJ rulings on this before Brexit, so I’d look for those. CAA advice is not enough as it is not legally binding.
I would also re-issue the LBA as it seems it wasn’t properly researched and prepared. I might be wrong though, but only you will know that.
- This reply was modified 55 years, 4 months ago by .
It’s very, very tiresome that BA is still trotting out covid excuses which are no longer relevant. How many thousands of passengers whose flights BA has cancelled, is BA lying to each week?
Crew issues even at the last minute, even due to covid, do not qualify as extraordinary circumstances so compensation is defo payable. There would have to be a sudden widespread worsening in covid affecting flight crews for BA to have a cat in hell’s chance of claiming exceptional circs, and thank heavens we haven’t had that in a while.
Follow @meta’s advice and present your claim. Judges are busy people and 50% of them graduated in the bottom half of their class so spell it out and organise it well. If you like risk and it was a long haul so expensive fees would be required to MCOL, you could consider CEDR. An LBA is your next step in either case.
I’m in the same position as hugog, BA won’t pay out citing staff shortages as a result of Covid as the reason for my flight be cancelled.
Apologies I’m not very experienced with this sort of thing, seems like my options are CEDR, MCOL or using an online solicitor like Bott+Co. My flight was a short haul flight, would anyone be so kind as to suggest which would be the best option for me?
2nd question, what is an LBA? A quick google and all I got was Leeds Bradford Airport, which I don’t think is going to help me!
LBA = Letter Before Action where you basically tell BA unless the issue is resolved in 14 days or so to your satisfaction you’ll be taking them to MCOL.
@brucebruce I did CEDR with BA, and before the decision BA accepted my claim and paid. CEDR is very simple, but has also thrown up some seemingly odd outcomes.
My inclination is still CEDR initially for fairly straight forward cases like yours. BA’s staff issues are about the number of people they got rid of not COVID.Whilst not particularly honest BA pretty much deny almost everything initially, a significant number of people just accept this and move on. There’s no penalty for BA in doing this so it makes financial sense for them. BA are not alone in this, and do pay once they’re cornered.
- This reply was modified 55 years, 4 months ago by .
The problem with CEDR is that if you lose, BA can use it against you at MCOL.
Interpretative guidelines for covid had been abolished the moment all covid restrictions stopped. Staff illness is not extraordinary circumstance. Under UK261 and the pre-Brexit case law, BA should have extra staff on standby at all destinations they fly to.
@meta
The fact that a person has lost at CEDR is almost irrelevant for a MCOL claim. Neither use the same rules, procedure nor decision makers of the same learning and experience. One jurisdiction does not bind another.
Whilst there are always rogue judges most should completely reject the CEDR decision although be complimentary in the fact a litigant attempted ADR (very much in vogue right now) before coming to Court.@meta
The fact that a person has lost at CEDR is almost irrelevant for a MCOL claim. Neither use the same rules, procedure nor decision makers of the same learning and experience. One jurisdiction does not bind another.
Whilst there are always rogue judges most should completely reject the CEDR decision although be complimentary in the fact a litigant attempted ADR (very much in vogue right now) before coming to Court.What you say is not incorrect, but it doesn’t really apply to this case so @meta is quite correct. This is not a rerouting type claim where there is a discretionary/subjective element. The only defence for the airline here is ‘exceptional circumstances’ so they either provide evidence of that or they don’t. Most DJs or DDJs see very few 261 claims so if BA puts forward the fact that a specialist aviation arbitrator has already come to a conclusion based on the same set of facts, that will carry considerable weight. They just don’t have the time or interest to get involved in a second bite of the cherry.
Realistically, after losing at CEDR, these types of cases don’t then go to MCOL given the time, costs, inexperience and uncertainties involved. Although the OP hasn’t specifically said so, this looks like only a Europe distance 261 claim, so we are talking pretty small sums to go to CEDR then MCOL, particularly when the party expresses his unfamiliarity with these processes.
- This reply was modified 55 years, 4 months ago by .
@JDB
I’m sorry but on this you are just legally wrong. The idea that CEDR is binding or influential on a MCOL hearing is nonsense.
In any event ask for your MCOL hearing to be held in Uxbridge or any court close to Waterside and the judges will be perfectly familiar with the EC Flight Regs.
A litigant can ask for the hearing at their local or the Defendant’s local court.
There really isn’t a problem here.
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