flight compensation claims
31 Oct 2014

Supreme Court Decision Opens Floodgates on Flight Compensation Claims – Huzar vs Jet2

The Supreme Court today threw out an airline’s appeal on a landmark case relating to flight delay compensation cases.

Earlier this year the Court of Appeal ruled on a landmark case (Huzar Vs Jet2), providing much needed clarity on the definition of ‘extraordinary circumstances’, which offered airlines an exception to compensation being due under Regulation EC 261/2004. The Court of Appeal ruled that technical problems caused by wear-and-tear could not be seen as ‘extraordinary circumstances’, as they are ordinary in the operation of an airline.

This ruling followed earlier rulings by the European Court of Justice (ECJ), who had given examples of what could be interpreted as valid ‘extraordinary circumstances’. For example, sabotage, freak weather conditions, manufacturing defects or political instability.

Jet2 appealed the ruling of the Court of Appeal, and today the Supreme Court threw out the appeal, ruling that the judgement of the Court of Appeal still stands. Therefore lower courts will have to use the narrower definition of ‘extraordinary circumstances’ which has been established by the ECJ and now supported in English and Welsh law.

It is estimated that today’s decision will cost the airline industry millions if not billions of pounds in previously unpaid compensation.

There are also tens of thousands more cases which could be reopened on the basis that National Enforcement Bodies (NEBs) or lower courts had wrongly ruled against the claimant, but where the law now undermines those NEB rulings and court judgements. Previously many passengers would not pursue their flight compensation claims after the NEB or lower court ruled against them, but now many of these rulings are open to appeal.

A spokesperson for Claim4Flights.com said today “We are very excited that the Supreme Court has upheld passenger rights in this instance, and recognised the earlier judgements of the European Court of Justice. While previously it has often been very difficult for passengers to get the compensation they are entitled to, today’s ruling is most welcome and will make it much easier for passengers to get the compensation they are entitled to, today’s ruling is most welcome and will make it much easier for passengers to get the compensation they deserve”.

If you’ve faced flight delays you may be entitled to claim for flight delay compensation. Check out our free claim calculator to see what you could claim on a no win no fee basis.

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Big thanks for the £304.70 transferred to my bank account today. My claim related to a three-leg flight from Norwich UK to Phoenix USA via Schiphol. The CAA suggested I had a good case but could do nothing because the delay occurred within Dutch jurisdiction. I twice did battle with KLM/Delta myself but they would not budge. Another claims firm tried but threw in the towel. So congratulations to Claim4Flights for taking it on and winning – and for getting the money transferred into my bank account within two days of notification. Very impressed!

Delta Airlines Flight – Andy, Norfolk from Delta Airlines £304.70 won 11th April 2017
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