Court House Capital’s Post

Last week, the High Court in England and Wales issued a judgment in a case which is close to two of my interests - aviation (with a nod to my new friends and colleagues at Qatar Airways), and mass actions. The High Court refused an applicaiton for a class action for compensation covering some 116,000 flights which were cancelled or delayed. For more details, see this article on Out-Law News by Pinsent Masons - myself, David Barker, and Michael Hawthorne give our thoughts on the outcome. #aviation #aviationlaw #massactions #classactions #EU261

✈ In a recent decision, the English Commercial Court has held there to be strong reasons to override Russian jurisdiction clauses and hear the claims brought by aircraft lessors against reinsurers in the English court. In this article, members of our global aviation disputes team including Tim Murray, Rob Fidoe and Alison Weal discuss the decision and its implications for both the aviation industry and more generally: https://lnkd.in/ePJxKGrV 📩 If you would like to discuss the decision further, please get in touch with any of the authors. #WFW #Aviation #EnglishCourts

A recent verdict by the UK Supreme Court that increases customer rights for cancelled or delayed flights has struck a blow to airlines. Airlines are no longer able to deny compensation due to pilot sickness. Significant ramifications result from this choice for both travellers and airlines. It emphasises how crucial it is for airlines to have effective staff scheduling in place in order to prevent interruptions. How do you feel about this decision? What effect will it have on your next travel experiences?  #AviationLaw #PassengerRights #FlightDelays #LegalUpdate https://lnkd.in/dBR2Xsa3

Airlines Fight For Their Fees #Interesting: As airlines enter the bustling summer travel season, a wave of litigation is taking off. Major carriers like American Airlines, Delta Air Lines, and United Airlines, along with Airlines for America, have launched a legal challenge against a new regulation from the Biden Administration aimed at curbing so-called "junk fees." These fees, which often catch travelers off-guard with charges for checked luggage, seat selection, and carry-on bags, have been criticized by President Biden as unfair to consumers. Transportation Secretary Pete Buttigieg underscored that transparent pricing is a cornerstone of capitalism, and hidden fees undermine the ability of consumers to make informed choices. Airlines, however, argue that the new regulations will overwhelm consumers with excessive information, complicating the ticket-buying process. This legal battle is part of a broader trend of industries challenging governmental regulations, with outcomes that hinge on the laws, arguments, and judicial decisions involved. As the case unfolds, it could set a precedent for the future handling of consumer fees across various sectors, including hospitality and ticket sales. Additionally, recent congressional legislation requiring airlines to refund or credit passengers for significant delays adds another layer to the ongoing tussle over consumer rights and airline practices. https://lnkd.in/d2CuNvfd

On October 8, the Federal Court of Australia ordered Qantas to pay $100 million in penalties for misleading consumers by continuing to sell tickets for flights that had already been cancelled and failing to notify ticketholders promptly. This decision follows court proceedings initiated by the Australian Competition and Consumer Commission (ACCC). Key Highlights: - Qantas admitted to breaching Australian Consumer Law (ACL) by offering and selling tickets for over 82,000 cancelled flights between May 2022 and May 2024 and delaying notifying consumers of cancellations. - Up to 880,000 consumers were affected by Qantas' actions, with significant delays in communication making it harder for travelers to adjust their plans. - In addition to the $100 million penalty, Qantas has agreed to pay approximately $20 million to affected consumers who booked tickets on flights that had already been cancelled. Eligible consumers will receive $225 for domestic/trans-Tasman flights and $450 for international flights. Qantas has since made changes to its systems to prevent such conduct in the future. Consumers are encouraged to submit their claims by 6 May 2025 through the Qantas Customer Remediation Program. For more updates on consumer protection and compliance, unlock cutting-edge legal intelligence with our subscription free platform—join us today! Visit https://lnkd.in/gZmkUPim to learn more. #Qantas #ConsumerProtection #ACCC #FlightCancellations #AustralianConsumerLaw #GRI

QANTAS were dragged kicking and screaming to this point. Well done ACCC, but the $100 million fine should also be shared between the affected, not dumped into Government coffers. The Qantas Group has today announced an agreement with the ACCC to resolve court proceedings in relation to flight cancellation processes. Under the settlement agreement, Qantas will commence a projected $20 million remediation program for impacted passengers, with payments to customers ranging from $225 to $450, and subject to the approval of the Federal Court of Australia, will pay a $100 million penalty. The ACCC and Qantas will seek approval of the proposed penalty by the Federal Court. However, Qantas intends to commence the remediation program in advance of the approval process. Qantas Group CEO Vanessa Hudson said: “Today represents another important step forward as we work towards restoring confidence in the national carrier. “When flying resumed after the COVID shutdown, we recognise Qantas let down customers and fell short of our own standards. We know many of our customers were affected by our failure to provide cancellation notifications in a timely manner and we are sincerely sorry. The return to travelling was already stressful for many and we did not deliver enough support for customers and did not have the technology and systems in place to support our people. “We have since updated our processes and are investing in new technology across the Qantas Group to ensure this doesn’t happen again. “We thank the ACCC for their cooperation in reaching this outcome, which means we can compensate affected customers much sooner than if the case had continued in the Federal Court. We are focused on making the remediation process as quick and seamless as possible for customers.” The ACCC’s case related to flight cancellation practices following the restart of operations post-COVID, which has been extended through to the end of August 2023, when steps were taken to ensure that processing of cancellation decisions occurred promptly. The ACCC is no longer proceeding with its claims against Qantas about wrongful acceptance of payment, including any allegation that Qantas received payment for a service it did not, and had no intention of, providing. Customer remediation program More than 86,000 customers who made a booking on a flight two or more days after the cancellation decision had been made will be compensated as part of this program. Those impacted customers will receive $225 for domestic/trans-Tasman flights and $450 for international flights. This is on top of any refund or alternative flight already offered to these customers. Payments will be available through a dedicated online portal facilitated by professional services firm, Deloitte, and will be independently audited. Qantas will be notifying impacted customers via email from next month with details about how they can lodge a claim. Further information can be found at https://lnkd.in/eQ-v2AS6

🚨✈️ NCL Fights for Airline Fee Transparency🚨✈️ This week, NCL and allies filed a brief supporting DOT's rule for upfront fee disclosure in Airlines for America, et al. v. DOT. The airline industry’s lawsuit challenges DOT's authority to protect passengers. “Travelers deserve to know up front how much it will cost to bring a bag or change a reservation,” says NCL’s John Breyault. “Unfortunately, the industry’s litigation goes much further than disputing a single rule they do not like. It strikes at the heart of DOT's ability to issue consumer protection regulations across the board.” If the #airlines succeed, it could jeopardize decades of #consumerprotection—including the Full Fare Advertising Rule. The lawsuit comes just four years after the same airlines received more than $50 billion in taxpayer bailouts from the federal government during the COVID-19 pandemic. Learn more https://bit.ly/4eStnhZ #ConsumerRights @USDOT @ConsumerFed @econliberties @uspirg #travelling #Ticketing

Another interesting decision from Master Davison in the group claims space... This time, a representative claim for flight delay compensation failed to get off the ground for a variety of reasons, including lack of common interest within the class. But the court also commented that it wouldn't have allowed the claim to proceed in any event because the motivation for the claim was financial not the protection of consumer rights... Lots of interesting legal and procedural points to unpick in this judgment, summarised for LexisNexis UK in the link below. I have some additional questions: 1) should the purpose behind a claim be relevant to the permission to bring it? and 2) should consumer rights only be protected by the courts when motivated by an altruistic desire to protect them but not when linked to financial gain?? #groupclaims Penningtons Manches Cooper LLP Flight delay class action fails to take off (Smyth v British Airways and EasyJet) | News | LexisNexis

Claim Up to €600 Per Passenger for Flight Issues! If you’ve experienced a delayed, cancelled flight, denied boarding, or missed connection, you could be entitled to compensation of up to €600 per passenger. Here’s how to claim your rights: 1. **Delayed Flight**: If your flight is delayed by more than 3 hours, you could be eligible for compensation. The amount varies based on the flight distance and delay duration. 2. **Cancelled Flight**: When airlines cancel flights without adequate notice (less than 14 days), you’re entitled to compensation unless the cancellation was due to extraordinary circumstances like severe weather. 3. **Denied Boarding**: If you’re denied boarding against your will, often due to overbooking, you may receive compensation. Airlines are required to offer compensation and alternative travel arrangements. 4. **Missed Connection**: If you miss a connecting flight due to a delay of the initial flight, you could be entitled to compensation and assistance with rebooking. Keep your boarding passes and receipts for expenses incurred. **How to Claim**: - **Gather Documentation**: Collect your flight details, boarding passes, and any communication from the airline. - **Check Eligibility**: Verify your flight’s status and the reason for the disruption. - **Contact the Airline**: Reach out to the airline’s customer service with your claim. If they deny it, consider using a claims service or legal assistance. Don’t miss out on what’s rightfully yours! Check your eligibility now and claim up to €600 per passenger. explore online compensation services. Secure your compensation today! https://lnkd.in/gjf9Mebs