UK High Court Suspends Compensation for Delayed Flights



The right of airline passengers to claim compensation if their flights are delayed has been suspended by the High Court. The International Air Transport Association has been working with British Airways, easyJet and TUI in seeking a judicial review over compensation rights for passengers due to flight delays under European Union laws.

The matter has now been referred back to the European Court of Justice, so UK courts won’t be hearing any compensation cases against airlines until they review the regulation again and give their decision. The review is of a decision made last year in November that says carriers are liable to pay the same amount of compensation on delayed flights of more than 3 hours as they would pay for canceled services. The campaign by airlines for the review was stepped up due to the claims made by passengers over the ash cloud crisis between April and May.

A spokesman for British Airways says that they are pleased the issue is being referred by the High Court back to the European Court of Justice for a re-examination. Andrew McConnell, the corporate affairs manager for easyJet, said that they welcome the chance to seek legal clarification on compensation for delayed flights after the European Court’s judgment in 2009. It’s important for this to be made clear, but it won’t affect the right of passengers to care - food, phone calls and hotel accommodation, he continued. They will continue to fully comply with regulations for claims relating to denied boarding or cancellations, he added.


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