Jet2 to fight court ruling in delay compensation case
Airlines may yet avoid compensating passengers for flights delayed due to technical problems after Jet2.com confirmed that it would take its battle against passenger Ronald Huzar to the Supreme Court.
It is asking the court to allow it to appeal a ruling by the Court of Appeal last month, which ordered Jet2 to compensate Mr Huzar for a flight that was delayed due to a technical error.
The Court of Appeal judges ruled that the problem should have been picked up during routine maintenance and therefore the airline could not claim that the delay was caused by the sort of "exceptional circumstance" that would have allowed it to avoid paying compensation under EU 261.
At the time law firm Bott & Co, which represented Mr Huzar, predicted the ruling would lead to thousands of claims against airlines.
However, it said Jet2’s decision to appeal to the Supreme Court meant that now those claims would be put on hold for months and maybe years.
It will take at least three to four months for the Supreme Court to decide whether to allow Jet2’s appeal as the court closes in August until October.
If the appeal is allowed, Bott & Co said passengers might have to wait at least a year and possibly up to four years for the outcome.
The firm said it was representing around 10,000 other passengers with claims against airlines under EU 261 for long delays caused by aircraft technical problems.
Senior partner David Bott said: "It is disappointing that Jet2.com has decided to seek permission to appeal. Their submissions are largely the same as those which were unsuccessful at Manchester County Court and at the Court of Appeal.
" In effect they are running an argument which has failed twice and which has already been decided upon in several cases in the Court of Justice of the European Union."
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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