header-logo header-logo

10 July 2014 / Rob Williams
Issue: 7614 / Categories: Opinion
printer mail-detail

Up in the air

comment_dawson

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
back-to-top-scroll