On Friday 31st October the Supreme Court announced it will not allow the airlines to appeal the decisions in Huzar V Jet2 and Dawson V Thomson. This is a landmark decision for millions of delayed passengers, and welcome news for thousands of you whose flight compensation claims have been on hold.
Huzar V Jet2 looked at whether airlines must pay compensation for flight delays caused by technical problems – and the answer is YES they do.
Dawson V Thomson dealt with how long you have to make a flight delay claim in England and Wales.
As lead cases in these areas of law, all other flight delay cases in England and Wales will have to follow these decisions where applicable.
Around 2.36 million passengers per year in England and Wales are forecast to benefit from the Huzar decision which is estimated to be worth £876 million per year in compensation. The Dawson decision is estimated to open up £3.89 billion in historic claims.
What does this mean for people with existing flight delay claims?
We will apply for any legal holds (or ‘stays’) on our clients’ cases to be removed so that we can settle claims in line with the judgments. From now on, airlines will not be able to use technical problems as a reason for not paying out flight compensation on qualifying delays. Likewise airlines can no longer refuse to pay out on claims because they are more than two years old.
So, what happens next?
Here at Bott and Co we have thousands of clients who have been waiting for these decisions. We have contacted the airlines on behalf of our clients, urging them to acknowledge the judgments, recognise their obligations and settle these claims as promptly as possible. We will update you with news of your individual claim as soon as we hear back from the airline.
If you have tried to claim yourself but the airline has previously refused your case on the grounds of technical defects or for being more than two years old, we strongly urge you to resubmit your claim to the airline. Similarly, we recommend resubmitting your claim if you have previously written to the airline but were told they were waiting for the Supreme Court’s decision before dealing with your case.
This is a landmark day not just for Mr Huzar and Mr Dawson but for passengers everywhere. Two journeys which started with a delay have now finished, over eight years later in Mr Dawson’s case. There is now total clarity in the law, which will benefit all air passengers going forward. We here at Bott and Co are proud of our part in this victory that will benefit millions of consumers each year and brings this country’s law in line with other European countries.