Weekly Bulletin: Legal Case Summaries #1

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Oracle Solicitors is a leading law firm with a global presence, has offices in the United Kingdom, Germany, Albania, and Italy, and we provide comprehensive legal solutions to clients across these regions. We understand the complexity of legal issues and are committed to delivering tailor-made solutions to clients to meet their specific needs.

We publish weekly case studies across all our branches to keep our clients informed about the outcomes of cases handled by our experienced lawyers. These case studies demonstrate our ability to provide top-quality legal services and how we approach different legal issues.

Our team of lawyers has extensive knowledge and experience in several practice areas, including immigration law, family law, aviation law, employment law, personal injury, commercial law, and property law, among others. Our lawyers work tirelessly to deliver positive outcomes for our clients, and we have a proven track record of success in all our cases.

Our UK office provides a range of legal services, including immigration, family law, employment law, personal injury, aviation law, commercial law, and property law. We have helped clients with various immigration matters, including visa applications, appeals, and asylum applications. We have also handled family law cases, such as divorce and child custody issues, and employment law cases, including unfair dismissal and discrimination claims.

Our German, Italian and Albanian offices provide legal services in the area of Aviation law. We have helped clients with various legal issues, including passenger rights claims under Regulation EC 261/2004, aircraft leasing, airport agreements and other contractual issues.

Germany – Successful defence of compensation claim due to computer and communication outage

Oracle Solicitors has successfully defended our client against a compensation claim because of a computer and communication outage at Eurocontrol.

The flight in dispute was scheduled to operate from Weeze to Malaga, arriving at 11:35. Due to the system outage at Eurocontrol, the prior flight was affected by slot regulations and did not reach Weeze in time, leading to a delay at Malaga of more than three hours.

Oracle argued that the system outage has led to a knock-on effect for the aircraft and was the reason for this delay. While the district court of Geldern accepted this as a fact, it didn’t find that the Airline exhausted all reasonable and available measures.

Oracle appealed and argued, that the system outage affected the entire air traffic, and no rebooking or other form of transportation could have prevented the delay for the passengers. The regional court of Kleve followed this argument and dismissed the district courts judgement, leading to a success for us and the airline.

See our German Team.

Italy – Successful defence of compensation claim due to claims management company process

Oracle Solicitors obtained a positive judgment for our client in which a company that stipulated a mandate contract with a passenger (CMC – Claim Management Company) was ordered to pay a sum for abuse of process plus reimbursement of legal costs.

For a delay that was already proven the CMC sent a pre court letter before the trial started and the airline company immediately replied offering the compensation.

The CMC did not reply to the company’s proposal and started the trial but the Judge declared the plaintiff liable under Article 96, comma 3 of the Italian Code of Civil Procedure for recklessness of the legal action due to the vagueness of the claim.

For these reasons the plaintiff was condemned to pay the litigation costs, in addition to an amount for abuse of process.

Acting Fee Earner: Manuela Danza

UK – Successful defence of compensation claim due to an ATC equipment failure

Oracle Solicitors was successful in defending our client against a compensation claim following flight disruption due to an ATC equipment failure.

The aircraft scheduled to operate the Claimants’ flight had three prior flights to complete before conducting the route from Prague to Stansted. As a result of the French air traffic equipment failure, the Airline was unable to carry out its flight schedule on the aircraft as intended, and the Claimants’ flight suffered a delay on departure totalling three hours and 56 minutes.

However, Oracle Solicitors were able to present a compelling case on behalf of the Airline that the that knock-on effect was so significant that it amounted to an extraordinary circumstance, and the Airline had taken all reasonable measures available on the departure date. Therefore, District Judge Deane sitting at Liverpool County Court found in favour of the Airline and dismissed the Claimants’ claim to compensation under Regulation 261/2004.

Acting Fee Earner: Chanel Stylianou

How we can help

If you are an airline facing a compensation claim due to flight delay, or any other legal issue, don’t hesitate to contact Oracle Solicitors for a consultation. They will review your case, provide you with a comprehensive strategy to achieve the best possible outcome and guide you through every step of the legal process. Trust Oracle Solicitors to protect your rights and secure a positive outcome for your case.

At Oracle Solicitors, we are committed to providing our clients with the best possible legal solutions. Our team of experienced lawyers works diligently to ensure that our clients achieve the desired outcomes. We understand the complexity of legal issues and provide our clients with tailored solutions to meet their specific needs.