Blog - The Verdict
MSB Solicitors Liverpool
Monday, 03 November 2014 00:00

Breaking News - Flight Delay Compensation

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The Supreme Court made a ruling on Friday which has massive implications for those of us who have had a flight delayed due to technical problems within the last 6 years.

 The door is now open for such passengers to submit a  claim for compensation of up to £475 (€600) plus expenses.

http://www.theguardian.com/business/2014/oct/31/airlines-liable-historial-delays-supreme-court-ruling
In June this year, the Court of Appeal gave consideration as to the extent of an airline’s liability to pay compensation for flight delays and, in particular,  the meaning of “extraordinary circumstance” in this context.  The case was Jet2.com Limited v Huzar.

EU Regulations provide that airlines must compensate passengers for flights which are cancelled or heavily delayed, unless the reason for the delay is an “extraordinary circumstance”.  Examples of an “extraordinary circumstance” include extreme weather, civil unrest or terrorism.

In the case of  Jet2.com Limited v Huzar,  the airline attempted to defend a claim for compensation arguing that technical problems amounted to an “extraordinary circumstance”.

http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2014/791.html&query=huzar&method=boolean
 
The Court of Appeal found against the airline and on Friday the Supreme Court refused the airline permission to appeal, meaning that many thousands of air passengers will now be able to claim compensation for flights which were delayed due to technical problems. 

The Supreme Court also refused the parallel application for permission to appeal in the case of Thompson Airways Limited v Dawson.

In that case, Thompson Airways were seeking permission to appeal a Court of Appeal ruling which confirmed that the applicable limitation period for bringing a claim for flight delay compensation was  6 years pursuant to the Limitation Act 1980 and not 2 years pursuant to the Montreal Convention as argued by the airline.
 
http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2014/845.html&query=thomson+and+airways&method=boolean
 
So, if you have had a flight delayed due to technical problems within the last 6 years and wish to claim compensation,  please contact John McCreanney on 0151 281 9040 or This email address is being protected from spambots. You need JavaScript enabled to view it.
Read 1832 times Last modified on Monday, 03 November 2014 16:19

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