Claim Now

June 20th 2014

Personal Injury

Second Big Judgment against Airlines in as many weeks!

Second Big Judgment against Airlines in as many weeks!

The Court of Appeal this morning (19/06/2014) has handed down the Judgment in Dawson v Thomson Airways Limited; another victory for the passenger!

The Court of Appeal this morning (19/06/2014) has handed down the Judgment in Dawson v Thomson Airways Limited; another victory for the passenger!

Mr Dawson was travelling from Gatwick to the Dominican Republic in December 2006 for some winter sun when he was delayed by crew shortages; he arrived in his destination over six hours late. Mr Dawson claimed the €600 per person he was entitled to for himself and his party.

The airline refused to pay so Mr Dawson issued proceedings in the Cambridge County Court in December 2012, just before the six year limitation period, under s. 9 Limitation Act 1980, ended. The airline confirmed it would have paid but, unfortunately, Mr Dawson was out of time as his claim was four years late under Article 35 of the Montreal Convention, the international Agreement that governs all claims for loss and damage caused by air travel.

The airline, through its barrister, argued that a claim for delay is a claim for loss and damage so it falls within the scope of the Convention and is subject to the strict two year time limit. The airline relied upon the case of Sidhu v British Airways [1997] and subsequent case law which states that the Convention’s predecessor was a self-contained code, as indeed is the Montreal Convention, and as such the two year deadlines to make claims should apply.

This was rejected on the basis that this is only true in that the Convention is exclusive with regard to the matters it deals with; injury, damages and loss.

Lord Justice Moore-Bick said this morning;

“…we are bound to follow and apply the decisions of the European Court in relation to the nature of the claim for compensation under article 7 and its compatibility with the Montreal Convention. That includes the Court’s ruling that the obligation in question lies outside the scope of the Convention. If that be correct, the Convention has no application to it”

If you have been affected by any flight delays or cancellations in the last 6 years please contact one of our experts for a free discussion regarding your potential No Win – No Fee claim on 0148 278 7771.

What Our Clients Say

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

"Becci was amazing"

Becci was amazing, she was so friendly and helpful and couldn’t have done a better job at helping me with my claim. Very happy.

Katherine JanineNovember 08, 2019

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

"Quick honest service"

Quick honest service, smooth process with excellent staff

MR COOPEROctober 30, 2019

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

"HUDGELL SOLICITORS are great lawyers…"

HUDGELL SOLICITORS are great lawyers whit amazing customers service. I got pretty good deal only because of them I'm quite happy I chose Hudgell solicitor.

DominikOctober 30, 2019

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

"Good all round service"

Good all round service

John AndrewOctober 19, 2019

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

"Efficient"

Quick, efficient service provided by Jayne Woodock. Would definitely contact Hudgell Solicitors again in the future if the need arises

KerryOctober 10, 2019

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

"Thank you"

I have never had to go down the route of claiming for anything like this so when I was advised to do so I did some research and Hugell Solicitors caught my eye. And I’m so glad I picked them, everything was explained well and helped with any questions I…

ZoeOctober 04, 2019

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

"No problems from start to finish for my…"

No problems from start to finish for my claim.Kept updated regularly and a good outcome even though the defendants were being evasive. Thanks.

r3monkeyOctober 03, 2019

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

"Excellent"

Very professional,efficient service,informative and friendly service. I would highly recommend Hudgell solicitors.

HelenOctober 01, 2019

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

"Good experience"

Good experience

Margaret ElizabethAugust 31, 2019

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

"Excellent"

Friendly, helpful and professional.

M J JAugust 09, 2019

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

"I would recommend this firm of…solicitor to anyone"

I would recommend this firm of solicitor to anyone I have had a 5 star treatment from Jayne woodcock I cant praise her enough she kept me informed every step of my claim and I cannot thank her enough excellent Jimmy Mcdermott

Jimmy McJuly 28, 2019

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

"Very helpful and thorough"

Very helpful and thorough. The team kept me updated throughout. Thank you

EsmeJuly 25, 2019

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

"Couldn’t fault Hudgell Solicitors."

Couldn’t fault Hudgell Solicitors. They were professional, pleasant informative and helpful and got a result which was better than I had ever expected. When Becci left the practice and Alex took over my claim it was a seamless change over, indicating a personel strength in depth. Thank you.

Vic.July 24, 2019

trustpilot-star trustpilot-star trustpilot-star trustpilot-star

"Case still ongoing"

Case still ongoing, excellent communication between myself and solicitor.. 🤞🏻 for good outcome

QuantityJuly 13, 2019