Airline passengers who have already had claims for compensation rejected after flight delays may have another chance to seek recompense.
The news comes after a Court of Appeal case last week, involving a passenger, Mt Huzar, and Jet2.com found in favour of the passenger.
The case between Mr Huzar and Jet2.com reached the Court of Appeal to clarify the definition of ‘extraordinary circumstances’ in the context of flights that are delayed specifically due to technical faults with an aircraft. Mr Huzar had been on a delayed flight due a technical problem which was later found to have been caused by wear and tear, something the Court agreed was not ‘extraordinary’.
Jet2.com is said to be appealing this latest decision to the Supreme Court. However, the decision could now pave the way for aggrieved passengers to make a claim when they’re delayed due to technical reasons.
The Civil Aviation Authority 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.
Heather Korwin-Szymanowska, a consumer law solicitor at Stephensons Solicitors LLP, said: “Passengers who have experienced flight delays have six years to make their claim. There could be a lot of people who had claims turned down in the last few years due to technical problems, who may now have a strong reason to revisit that case in light of this ruling. We would urge them to come forward so we can take a look at their case.”
Passengers who have experienced flight delays of more than three hours are encouraged to contact Stephensons on 0333 344 4772.
ENDS
Media information: Lianne Tracey and Chloe Kendall
Stephensons Solicitors LLP
Tel: 01616 966 229
Email: lct@stephensons.co.uk or cke@stephensons.co.uk