Air fares tipped to rise by £5 after Thomson court ruling

One senior industry figure suggested fares could rise by as much as £5.

The Court of Appeal ruled last week in favour of a claim against Thomson Airways by passenger James Dawson, who sought compensation for a delay on a flight almost six years earlier.

A county court had awarded Dawson £975. Thomson appealed, arguing the Montreal Convention – the international agreement covering carriers’ liability for injuries and lost baggage – imposes a two-year limit on claims.

The ruling was the second on passenger rights and EC Regulation 261 this month.

The Court of Appeal had earlier judged against Jet2.com, ruling that a technical fault that caused a delay could not be classed as an “extraordinary circumstance”.

Lawyer Joanna Kolatsis of Hill Dickinson warned: “It is inevitable air fares will rise as the costs of handling these claims increase.

“There is simply no other way for airlines to recover the costs. Ryanair implemented a Regulation 261 levy on tickets and, while unpopular at first, it has gathered growing sympathy among airlines.”

Almost 1% of UK flights are delayed by more than three hours and fall within Regulation 261. A senior industry source said:

“Charter delays of more than three hours are more than double the rate of scheduled carriers’ and a significant proportion are technical. If everybody made a claim it would add £5-plus per passenger.”

A CAA spokesman said: “It’s difficult to estimate what this might cost passengers. It’s up to each airline.”