The Civil Aviation Authority has clarified its advice to passengers on their rights to compensation for delayed and cancelled flights following last week’s ruling in the Jet2 v Huzar case.
The regulator apologised that its earlier advice was not clear.
”We will contact passengers who have previously sought our help to provide advice on the matter,” it said. “The CAA will also provide guidance on the judgment to airlines.”
The authority previously admitted there would be a “large increase” in the number of passengers entitled to flight delay compensation following the ruling against Jet2.com.
The Court of Appeal ruled that ordinary technical problems that cause flight disruption, such as component failure and general wear and tear, should not be considered “extraordinary circumstances”.
This means that airlines can only cite technical faults as a reason for not paying compensation if the fault was originally caused by an event that was “out of the ordinary,” the regulator said.
“So technical faults such as a part on the aircraft failing before departure will generally not be considered extraordinary circumstances,” the CAA said.
The regulator said the effect of the judgment was:
• New claims should be assessed by airlines in the light of the judgment;
• Claims previously put to an airline can be reconsidered in the light of the judgment, if the passenger wishes, unless the passenger agreed a settlement with the airline;
• Claims that have already been decided by a court cannot be taken back to court unless they are within the time limit for an appeal.
The CAA reiterated that there may also be further developments on the issue, with Jet2 confirming it intends to seek permission to appeal to the Supreme Court. Airlines might delay processing claims until the outcome is known.
“Passengers therefore have a choice: either to ask and wait for their airline to reconsider their claim in the light of the judgment, or to take their claim to court,” the authority said.