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10 July 2014 / Rob Williams
Issue: 7614 / Categories: Opinion
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Up in the air

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Will the Dawson ruling ultimately be seen as a victory or a loss for the consumer, asks Rob Williams

Following within the space of little over a week on the heels of Jet2.com Ltd v Huzar [2014] EWCA Civ 791, [2014] All ER (D) 86 (Jun), Dawson v Thomson Airways [2014] EWCA Civ 845, [2014] All ER (D) 154 (Jun) is the second Court of Appeal flight delay compensation case to go against the airlines. The issue in Dawson was whether the limitation period was two years under the Montreal Convention or six years under the Limitation Act for bringing a flight delay claim.

Mr Dawson’s flight from Gatwick to the Dominican Republic was delayed and arrived at its destination over six hours late as a result of staff shortages. Dawson brought a claim pursuant to EU Regulation No. 261/2004 for compensation for the delay he experienced. Thomson Airways accepted they would have to compensate Dawson had he brought his claim in time, but argued that the limitation period was two years

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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