“You have to be determined. The path is so difficult.” says Ron Huzar whose flight delay compensation case is due to be heard at the Court of Appeal this month.
Talking about his flight delay experience on BBC Radio 4’s consumer affairs programme, You and Yours, Mr Huzar described how sheer determination has brought up an important point of law where the outcome will have a significant impact on the entire industry.
Mr Huzar’s story
Mr Huzar’s Jet2 flight from Malaga was delayed for 27 hours due to a technical fault. The airline then refused his claim for flight delay.
Believing he had a good case, Mr Huzar took Jet2 to the Small Claims Court. Said Mr Huzar, “when I turned up, Jet2 brought a barrister from London and some technical experts who argued a technical fault is an “exceptional circumstance” and such I was not entitled to compensation.” The judge found in their favour.
After losing his case at the Small Claims Court, Mr Huzar sought the help of specialist lawyers, Bott and Co, who appealed the ruling and won.
Jet 2, however, are not backing down. The case will be heard at the Court of Appeal in May 2014 and the outcome will set the precedent for future flight delay compensation claims.
Bott and Co’s Coby Benson commented on the case; “Mr Huzar’s case is the first in the country to be decided at a senior judicial level and as such is of significant importance.
The decision from the Court of Appeal will be binding on all County Courts and as such it will add some much needed clarity to the definition of ‘extraordinary circumstances’.
It is hoped that in the future passengers will know with far more certainty whether they are entitled to compensation.”