Landmark court ruling could allow more flight delay compensation claims
High Court rules that mechanical defect on plane is not out of airline's control and therefore liable for compensation.
A landmark court ruling has paved the way for airline passengers to claim compensation for flight delays caused by mechnical failure.
The High Court ruled that Jet2 should pay compensation to passenger Ron Huzar for a 27-hour delay on a flight from Manchester to Malaga back in October 2011. The airline said the wiring defect on the aircraft which caused the delay was an “extraordinary circumstance”.
However, the court rejected that view and ruled that the defect was “inherent in the normal exercise of the activity of the air carrier”.
The European Commission (EC) has also previously ruled that mechincal failure is not an extraordinary circumstance.
Jet2 is now going to take its case to the Supreme Court.
Prior to 2009, airlines did not have to pay out compensation for delays to flights, but they now are obliged for delays of more than three hours except in “extraordinary circumstances”. This applies to airlines flying out of the EU to a non-EU destination and EU airlines flying into another EU destination.
“Extraordinary circumstances” do still include freak weather or natural events such as the Icelandic ash clouds of 2010 and 2011.
If Mr Huzar does ultimately win his case, one potential consequence could be rising airfares, as airlines face more potential payouts.
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Claim times also up in the air
Meanwhile, the result of a court case involving Thomson and passenger James Dawson at the Court of Appeal is also eagerly anticipated. Mr Dawson was delayed for eight hours flying from Gatwick to the Caribbean.
He applied for compensation under EC ruling 261/2004, which allows delay claims to be made up to six years after the delay. He flew at Christmas 2006, but made the claim in December 2012.
Thomson, meanwhile, has invoked the Montreal Convention, which says that claims can only be made within two years of the delay.
A county court ruled in Mr Dawson’s favour last year.
The EC ruling is currently being reviewed following several high-profile cases. Initial proposals to increase the minimum delay period from three hours to five have been rejected.
If you have been delayed and think you're entitled to compensation, have a read of How to claim compensation for delayed and cancelled flights.
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