Court to hear test case in passenger compensation row
A court case that will decide whether airlines can avoid compensating passengers for delays caused by a technical fault will be heard today.
The outcome of the Court of Appeal hearing between passenger Ronald Huzar and Jet2.com could affect thousands of passengers whose claims for delays have been rejected by airlines claiming that technical faults are considered extraordinary circumstances and as such exempt from compensation under Article 5 of EU regulation 261.
Mr Huzar’s flight from Malaga to Manchester in October 2011 was delayed for 27 hours after the inbound Jet2 flight suffered a technical fault which couldn’t immediately be repaired so a replacement aircraft had to be brought from Glasgow.
Mr Huzar started legal proceedings against the airline after it rejected his claim for compensation, claiming the delay was caused by an extraordinary circumstance, and although he lost his case at Stockport Country Court he won on appeal at Manchester County Court in October last year.
However, the airline was granted permission to appeal and it is this hearing that will be held today.
Mr Huzar’s solicitors Bott & Co said the hearing will clarify whether passengers can claim compensation for delays caused by technical faults. It said the judgement would set a binding precedent for all lower courts in the country.
The case is expected to last a day.
Linsey McNeill
Editor Linsey McNeill has been writing about travel for more than three decades. Bylines include The Times, Telegraph, Observer, Guardian and Which? plus the South China Morning Post. She also shares insider tips on thetraveljournalist.co.uk
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