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Thomson Airways to appeal High Court ruling

Thomson Airways has confirmed it will seek leave to appeal against today’s High Court ruling extending air passengers’ rights to compensation for delays.

The Court ruled in favour of a claim brought by passenger James Dawson against Thomson, confirming claims can go be brought up to six years after a delay.

Thomson had argued the Montreal Convention, which covers carriers’ liability for injuries and lost baggage, limits claims to two years and should override European regulation 261/2004 on air passenger rights.

In a statement, the carrier said: “We believe it is reasonable to expect that those who perceive they have suffered a real loss as a result of an unfortunate delay should be able to make their claim within two years.

“We also continue to believe that the law stipulates this and we are therefore surprised by today’s judgment.

“If unchallenged, this judgment could have a significant impact on the entire airline industry and specifically upon the price that all air travellers would need to pay for their flights.

“We therefore confirm that it is our intention to seek an appeal to the Supreme Court.”

The statement added: “Our focus continues to be ensuring that our customers reach their destination safely and promptly.”

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