Wednesday 2 November 2022
By Appellant’s Notice filed on 21 March 2022, the Appellants (A) appeal the Order of HHJ Clarke (County Court, Oxford) dated 28 February 2022 by which the appeal against the order of DDJ Abrahams dated 16 December 2021 was dismissed and the As were ordered to pay costs by 4pm on 14 March 2022.
Facts: The appeal arises out of a claim for compensation for a delayed flight to Italy. The main issue is whether As complied with R’s terms and conditions regarding claims.
DDJ Abrahams at first instance (16 December 2021) dismissed As’ claim holding that As did not comply with s.19.6.1 of the Defendant’s terms and conditions ( requiring passengers at the time to make a claim directly to the airline and allow the airline 28 days to respond before engaging third parties to claim on their behalf ).
HHJ Clarke dismissed the appeal against this decision.