Flight delay claims could soar after court ruling

High court rejects Jet2.com's 'extraordinary circumstances' defence and awards £526 to delayed passenger
delayed flights
Flight delay claims are subject to the UK’s statute of limitations, which allows claims to date back six years. Photograph: Steve Parsons/PA

An appeal court ruling over compensation for a 27-hour flight delay could open the floodgates for thousands of air passengers claiming for holdups caused by technical difficulties.

Lawyers said almost 20m passengers who experienced delays or cancellations over the past six years could be eligible to bring a claim after an appeal court judge ruled that Jet2.com should compensate Ronald Huzar for the delay he experienced on a flight from Malaga to Manchester in 2011.

The airline said there had been a technical problem that meant it did not have to pay compensation under rules that cover "extraordinary circumstances". Typically, the term refers to poor weather or political unrest.

Huzar took his case to Manchester county court, which ruled in his favour. Jet2.com lodged an appeal, taking the case all the way to the high court. The appeal was refused and Huzar was yesterday awarded £526 compensation.

David Bott, an aviation lawyer at Bott & Co, who represented Huzar, said around 90% of the 15,000 flight delay claims on its books have been refused because of technical defects.

Jet2.com said the judgment was disappointing and could, if unchallenged, "have a significant impact on the entire airline industry".

A spokesman said it would take the dispute to the supreme court. "We will continue to seek clarity and consistency by appealing directly to a higher court." He added that the airline regretted any inconvenience to passengers.

Flight delay claims are subject to the UK's statute of limitations, which allows claims to date back six years. The law for flight delay compensation, clarified in October 2012, applies to any flight leaving an EU airport and any flight into Europe on an EU–based airline.

Guy Anker from MoneySavingExpert.com said: "We haven't got all the ins and outs, but anyone that was previously rejected should re-submit their claim to get the ball rolling.."

Which? executive director, Richard Lloyd, said: "This ruling shows that airlines cannot avoid ducking their responsibilities by claiming that routine technical problems are extraordinary circumstances. "