Family stranded by ash cloud wins thousands in payout
A family left stranded in Madrid after the Icelandic ash cloud grounded planes in 2010 has won a £10,000 payout.
Thousands of passengers had their flights cancelled after the Eyjafjallajokull volcano erupted in Iceland, making it unsafe for planes to fly.
But Mr Marshall is one of Britain’s top barristers specialising in commercial litigation and the QC has just won the payout from the Spanish airline Iberia.
Mr Marshall, his wife and three children had flown back to Madrid to board a flight back to London after a fortnight in Ecuador and a visit to the Galapagos Islands.
They were told by an Iberia Airlines worker that they were best off arranging their own way back to London so began they began their four-day trip home which included hiring cars, boarding trains and a few overnight stays.
In fact, a flight became available the next day.
The EU ‘Denied Boarding and Cancellation Regulations’ entitle passengers caught up in the ash chaos in April 2010 to refunds or alternative flights.
Iberia Airlines refunded in full the £1,075 cost of the Marshalls’ cancelled flights to London, but refused to refund them the costs of their alternative journey home.
At the City of London County Court a district judge dismissed his claim on the grounds that, under the EU rules, airlines do not have to compensate passengers in ‘extraordinary circumstances’.
But Mr Marshall appealed and the judgment was overturned at the same court by Judge William Birtles, who said the airline had breached its contract and air industry regulations in failing to re-route the family as soon as possible.
Iberia Airlines was ordered to pay about £8,000 for the Marshalls’ cost of getting home, plus £2,000 damages for inconvenience. The airline then tried to challenge this at the Court of Appeal, without success.
Yesterday Mr Marshall told the Daily Mail: "It was quite clear to me these airlines want to intimidate people into not making a claim. There have been conflicting decisions in the county courts in previous cases as to whether or not you can claim compensation.
"I hope my case will assist others in showing you do have a right to seek compensation."
He estimated the airline had spent "easily £50,000"contesting the case, which he described as "crazy".
Diane
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