Judge gets tough over delay compensation
A judge has ruled that Jet2.com cannot delay payment of flight delay compensation pending the outcome of a case in the Netherlands.
The airline and four others – Thomas Cook, Ryanair, Flybe and Wizz Air – had all argued that any payments they make should be delayed pending the outcome of an outstanding case of van der Lans V KLM.
But a Liverpool County Court, looking specifically at a claim by a passenger against Jet2.com, has ruled that: "A line should now be drawn. Justice delayed is justice denied."
Other courts are likely to follow this lead and make the same rulings for the other airlines.
After a long-running legal dispute, two landmark cases were concluded last year which mean that airlines face compensation claims by thousands of passengers.
As a result of the case of Huzar V Jet2, airlines must pay flight compensation for qualifying delays caused by technical problems as these are not considered an ‘extraordinary circumstance’ under flight compensation regulation EU261.
Meanwhile, as a result of the case Dawson V Thomson, consumers in England and Wales can make claims for flight delays dating back as far as six years.
Both decisions are expected to cost airlines millions of pounds.
Solicitor Kevin Clarke from Bott & Co, the law firm which handled the cases, said he hoped ‘the airlines will now finally face up to their obligations to passengers and to settle the hundreds of thousands of legitimate claims outstanding’.
But he added: "Sadly, the history of their conduct over the last decade would tell us to expect yet another legal challenge."
Marek Janetzke, managing director of flightright, a consumer portal for air passenger compensation, said: "We estimate that Britons alone are missing out on nearly £500m in compensation for delayed and cancelled flights each year which is a staggering amount of money."
Flybe spokesman Andrew McConnell, said: "Flybe is continuing to meet its obligations under EU261 regulations, and pays compensation to customers that are legally entitled to receive it.
"Flybe will be contacting all customers who have made claims for EU261 compensation where there were technical issues, with a view to settling the outstanding claims that fall outside of the current exemptions."
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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