CAA backs six-year compensation deadline
The CAA has welcomed yesterday’s Court of Appeal clarification on how far back passengers can go when claiming compensation for disrupted flights.
The judgment in the Thomson v Dawson case means that passengers have a maximum of six years to take their compensation case to court.
Thomson had argued that a two-year limitation on claims should apply, based on the limits included in the Montreal Convention.
However, the Court of Appeal ruled that the European regulation covering passenger rights during disruption is separate from the Montreal Convention.
The CAA said the judgment reaffirmed its view that passengers can pursue compensation claims through the courts for flights up to six years ago.
In response to Thomson saying it will appeal to the Supreme Court, the CAA warned this may lead to a delay in airlines processing their claims.
Thomson Airways said: "We believe that 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."
Bev
Editor in chief Bev Fearis has been a travel journalist for 25 years. She started her career at Travel Weekly, where she became deputy news editor, before joining Business Traveller as deputy editor and launching the magazine’s website. She has also written travel features, news and expert comment for the Guardian, Observer, Times, Telegraph, Boundless and other consumer titles and was named one of the top 50 UK travel journalists by the Press Gazette.
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