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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

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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