QANTAS – Covid cancellation – refused rebooking

[StillintheSun]

@jdb

As a barrister of 20 years experience who spent a lot of time before DJs and still works with colleagues who still spend a lot of time before DJs what you say on the two issues I identified is just wrong. Dammerman, which I assume you are aware of by reading the half page on unreasonable costs in the White Book is frankly ignored by DJs in practice. A bright barrister of one year call can give you a pretty good opinion on what the statute and the text book says but he can’t tell you what actually occurs usually on the ground in a wide range of situations. I’m cagey about what I actually do but I can tell you I have been (in the past) involved in mass consumer litigation and not necessarily on the side you might expect.

[JDB]

@StillintheSun we will have to agree to differ on this. I had you down as a solicitor rather than a barrister! I mentioned Dammerman in my post. I like the words of DJ Lumb:-

“This small claim is a cautionary tale for litigants in person who consider that they have been wronged by another person and, perhaps encouraged by a popular perception that the Small Claims Court is an easy way to seek redress, launch into court proceedings without specialist guidance or a proper understanding of what may be required to enable the court to determine the matter.”

It’s only a County Court decision and the behaviour in the case was palpably unreasonable, but they are clearly intended to be pertinent words for everyone.

[StillintheSun]

@JDB your guess as to my profession was entirely reasonable given I deliberately previously described myself as a litigator which tends to be used more by solicitors. At the back of my mind I have had clients in the past, who I might hope to have in the future, who may be less than thrilled about me providing pro-consumer views (albeit in an entirely different industry). A self-enforced embargo to 14:30 to indulge in my first glass of South African fizz (costing a very reasonable £3) clearly made me loose lipped 🙂

[Notmyrealname]

Just to report back:

I told my friends to email QANTAS and state their rights under EU261 and to pick a travel date\duration they would like to go.

SUCCESS:

They now fly in Nov ’23, return Jan ’24 LHR-SYD return :-£100 each.

[Lady London]

Notmyrealname wrote:

Just to report back:

I told my friends to email QANTAS and state their rights under EU261 and to pick a travel date\duration they would like to go.

SUCCESS:

They now fly in Nov ’23, return Jan ’24 LHR-SYD return :-£100 each.

Yaaaaaay!! so glad for them.

[JDB]

Notmyrealname wrote:

Just to report back:

I told my friends to email QANTAS and state their rights under EU261 and to pick a travel date\duration they would like to go.

SUCCESS:

They now fly in Nov ’23, return Jan ’24 LHR-SYD return :-£100 each.

Well done! You or your friends must have written a very good email as Qantas is renowned for saying no irrespective of legal rights.