Lawyers acting for consumers have said a High Court judgment this morning “opens the floodgates” for air passengers to claim compensation for flight delays.
Airline Jet2 lost its appeal against a county court ruling that it was liable to compensate passenger Ron Huzar for a 27-hour delay to a flight from Manchester to Malaga in October 2011.
The delay was caused by a wiring defect which the court accepted was “unforeseen and unforeseeable”.
Lawyers for Jet2 argued the fault should be classed as an “extraordinary circumstance”, excusing the airline from liability for compensation under the European regulation on air passenger rights (Regulation EC 261/2004).
However, the High Court ruled the defect was “inherent in the normal exercise of the activity of the air carrier . . . and therefore not extraordinary”.
The European Court of Justice (ECJ) has previously ruled that delays due to technical defects are inherent to an airline’s activity.
A ruling in a second air passenger rights case, Dawson v Thomson Airways, is also imminent. This follows an appeal by Thomson against a successful compensation claim brought almost six years after a delayed flight.
Thomson argues the Montreal Convention, which covers damages to air passengers for injury or lost baggage, limits claims to two years.
Industry lawyers described the cases as “game changing”.
Joanna Kolatsis, partner and aviation co-head at law firm Hill Dickinson, told an Abta travel law seminar last month: “It is an open door on compensation if Jet2 loses its appeal.”
“It could cost airlines a fortune if they have to pay out. These cases will push the boundaries.”
Tui Travel head of regulatory affairs Eddie Redfern told the same Abta law seminar: “There is a concern airlines could pressure pilots to avoid delays by compromising safety. You could see some airlines potentially take that route.”
Regulation 261 originally allowed compensation for cancellations and denied boarding but not delays. However, the ECJ extended the compensation rules to delayed flights in a landmark ruling in 2009.
The European Commission has proposed a revised regulation which would lengthen the periods of delay before compensation rules apply to flights.