CAA changes stance after compensation claim confusion
The CAA has re-issued a statement about whether airlines should reconsider compensation claims based on the outcome of a Court of Appeal ruling in the Jet2 versus Huzar case last week.
It had previously sent out advice saying the ruling was unlikely to affect claims that airlines had rejected prior to the landmark case.
But after complaints from Bott & Co, the law firm who had acted for the passenger Mr Huzar, the CAA apologised and is now advising the following:
- New claims should be assessed by airlines in the light of the judgement.
- Claims previously put to an airline can be reconsidered in the light of the judgement, 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.
But the CAA stressed there may also be further developments on the issue because Jet2 iintends to seek permission to appeal to the Supreme Court.
"Airlines might delay processing claims until the outcome is known," it said. "Passengers therefore have a choice: either to ask and wait for their airline to reconsider their claim in the light of the judgement, or to take their claim to court."
The industry is expecting a sharp rise in claims since the ruling came into effect.
Bott & Co said it already has 700 litigated cases involving around 1,750 passengers in progress waiting the outcome of the ruling and another 2,000 cases representing around 5,750 passengers on its books ready to issue proceedings.
It said the CAA’s misleading advice has caused confusion for many travellers.
"We hope their recent apology and amended advice has clarified the situation," said spokeswoman Rochelle Bugg.
"We are now happier with their position and would urge anyone who has been refused compensation on the basis of a technical problem to go back to the airline and request the complaint is reviewed."
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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