Law firm admits misleading airline passengers over case

The law firm representing 130 Corfu-bound passengers who suffered the longest delay in Manchester Airport’s history – nearly 40 hours – has itself paid them compensation because one of its lawyers “misled” them about how their group action case against the airline was progressing.

Wilmslow, Cheshire-based Bott & Co has written to holidaymakers offering them a total of £750 each. This includes  an EC Regulation 261 claim of £337, interest for nine months rounded up from £12.64 to £13 and compensation from Bott & Co for poor service of £400.

The passengers were caught up in Small Planet Airlines UAB’s major delay in August last year, when police were called to the airport amid angry scenes.

A letter to them has been sent by David Bott, the complaints, compliance officer and the senior partner of Bott & Co.

In it he names Kevin Clarke as the lawyer who gave the passengers misleading information.

He writes: “It has come to my attention that the case has not been dealt with as effectively as it could have been, and more importantly, that you and your fellow passengers have been misled by Kevin Clarke as to the stage reached in proceedings and the likely extent of your potential claims.

“Specifically he has stated to you that:
1. Court Proceedings had been issued against SP in February 2017.
2. A Judgment had been entered against SP in March 2017.
3. Sheriffs had been instructed to enforce the Judgment in March 2017.

“It has come to my attention that none of the above took place and I am therefore treating this matter as a complaint.

“As Kevin Clarke’s employer his actions are our responsibility. He is currently the subject of an on-going disciplinary action as a result of his handling of your claim.

“We take our obligations to you seriously and hope this letter and my proposed resolution will demonstrate our commitment to make amends to you and your fellow passengers.

“In short, we will do what is right and proper for you and your fellow passengers and propose to pay each passenger £750 once you have confirmed your agreement.”

In the letter Bott explained how the firm first became aware of a potential issue.

“On Monday, May 8, our managing director (Paul Hinchclieffe) became aware of inconsistencies in the details you were being told on this case and investigated the matter thoroughly over the rest of that week.

“The outcome of those investigations provided the following contributory factors in our failures to you:
1. The complexity of this claim
2. Small Planet based outside of the EU
3. Managing the expectations of the group
4. Kevin’s belief that the matter was on the verge of settlement
5. Complications on a multiple other Small Planet cases involving 400 passengers
6. Kevin wanting to keep the group happy
7. Kevin not asking for help in the handling of a complex matter

“None of the above are substantial in themselves, but put together it appears that Kevin found himself in an intolerable situation and made some serious errors of judgment.

“Ultimately you do not deal with individual staff members, you deal with Bott & Co, so again, on our behalf I acknowledge that mistakes have been made.”

Bott told TheBusinessDesk: “Every organisation will make a mistake at some point time. We do everything we can to avoid them, but when they happen it’s how you react that matters.

“Our number one priority is the well being of the passengers and I believe we have acted with honesty, transparency and integrity.”

One of the passengers, who did not wish to be named, said: “No-one knew at the time we were being misled, but we have been compensated, the money is in the bank and I am very happy.”

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