The test case of Allen v Jet2 was heard at Liverpool County Court on February 25th : the Judge found in favour of Ms Allen, ruling that airlines cannot put claims off until the outcome of a Dutch flight delay claim is known.
Find out more about the case and how it affects thousands of delayed passengers here.
As is always the case after a County Court ruling, the airline had 21 days to ask for permission to appeal. Those 21 days have now passed:
We can confirm that Jet2 has not asked for permission to appeal but Ryanair have.
In his ruling in February District Judge Jenkinson said: “…a line should now be drawn. Justice delayed is justice denied.” He also rightly pointed out that passengers feel as though they are “on an airline driven merry-go-round that shows no sign of stopping.”
Bott and Co completely agree with the Judge’s comments. The issue of ‘technical problems’ has already been resolved in Huzar v Jet2; airlines should not be allowed to make passengers wait any longer for the compensation they are owed.
We are extremely disappointed to hear that Ryanair have decided to request permission to appeal, despite the Judge’s warning. However, we are pleased to note they are the only airline not to have heeded the Judge’s words on this occasion.
Flight Delay Lawyer Coby Benson said: “The Huzar judgment we obtained in October 2014 provides all the clarity airlines need regarding technical defects. We now invite those airlines to address the thousands of legitimate claims which have been held up pending these decisions.”
What happens next?
We should know whether Ryanair’s request has been granted in the next 2-3 weeks. If it is granted, a hearing at County Court would likely take place in around 3 months’ time.
In the event that permission to appeal is granted Bott and Co will oppose this in the same way we did for Huzar v Jet2.com and Dawson v Thomson Airways in 2014.
If the airline’s request is not granted, Ms Allen – and therefore thousands of other passengers – will have won the right to have their flight delay claim heard in court, just as District Judge Jenkinson said they should in February.
We will update all our clients as to whether or not the Court has granted Ryanair permission to appeal when the decision has been made in 2-3 weeks.
The Flight Delay Team will continue to rigorously pursue claims against all those airlines who had hoped to make passengers wait for the outcome of van der Lans v KLM, including Ryanair.
We have issued hundreds of court proceedings since the Allen v Jet2 ruling and will continue to do so in the coming weeks. We thank our clients for their ongoing patience during this time.