Court hearing that stands to affect millions of consumers took place today (August 6th 2015)
- The test case of Goel & Trivedi v Ryanair could lead to Ryanair successfully putting a two year time limit on claims, despite the Supreme Court ruling that passengers have SIX years to claim
- Ryanair argue that by accepting the airline’s Terms and Conditions when they buy a ticket, passengers are waiving their right to the six year limitation period
- As Goel & Trivedi v Ryanair is a test case, all Courts in England and Wales are likely to follow the decision
- Most other airlines also have a two year time bar in their Terms and Conditions; if Ryanair win this case, all airlines could potentially put a two year cap on claims
- Bott and Co Solicitors, who are acting on behalf of Goel & Trivedi say: “The last twelve months have seen a series of landmark judgments obtained by Bott and Co on behalf of millions of passengers and this case is as important as any of those that precede it.”
Update – Aug 21st 2015- See updated Judgment – Judge says Ryanair’s Terms and Conditions ‘fall foul’ of European Flight Delay Law.
A Test case surrounding how long Ryanair passengers have to take a flight delay claim to court took place today. The Judge’s decision stands to affect millions of passengers.
Goel & Trivedi v Ryanair was heard before His Honour Judge Platts at Manchester County Court. The Judge gave a reserved judgement (meaning he will hand down his decision at a later date).
Ryanair has been arguing that by accepting the airline’s Terms and Conditions when they buy a ticket, passengers are agreeing that they only have two years to take a claim to court, despite the Supreme Court saying they have SIX years.
Flight delay Regulation EU261 entitles passengers to claim flight compensation of up to €600 per person for delays of three hours or more, as long as the delay was not caused by ‘extraordinary circumstances’.
The Regulation states airlines must apply the limitation period (how long a passenger has to take the claim to court) of the country where the claim is lodged.
The Supreme Court ruling in Dawson v Thomson Airways clarified that passengers in England and Wales have SIX years to take a claim to court in October 2014. Despite this, the airline has still been attempting to put their own time limit on claims.
Ryanair’s Terms and Conditions
15.2 LIMITATION OF ACTIONS
Any right to damages and/or compensation shall be extinguished if an action is not brought within two years of the date of arrival at destination, or the date on which the aircraft was scheduled to arrive, or the date on which the carriage stopped. The method of calculating the period of limitation shall be determined by the law of the court where the case is heard.
As Goel & Trivedi v Ryanair is a test case, it is likely that all other Courts in England and Wales will follow the decision. If Ryanair win, they are likely to be able to apply a two year time bar on all existing and future claims – a decision that stands to affect around 2.26million passengers, totalling approx. £610million compensation.
Although no other airlines are currently running the two year limitation argument, the majority have a similar clause in their Terms and Conditions stating that passengers only have two years to issue court proceedings. Bott and Co successfully fought off an appeal against Jet2.com on this very point in the last three months.
If Ryanair win the case, this could lead to all other airlines following suit and successfully putting a two year cap on claims. If that happened, claims between two and six years where court proceedings have not yet been issued could potentially be time barred.
Bott and Co Flight Delay Lawyer Coby Benson who acted on behalf of Goel & Trivedi said:
“We would always prefer that the court takes its time to consider the issues at hand and always welcome detailed judgments, as ‘reserved judgements’ usually are.
“The last twelve months have seen a series of landmark judgments obtained by Bott and Co on behalf of millions of passengers and this case is as important as any of those that precede it.
“We fully expect the airlines to continue to fight cases such as this one but we are prepared to hold them to account in each and every instance where the law says compensation is payable.
“We look forward to hearing the Judge’s decision so we can assess what our next steps will be.”
Despite not paying out on valid claims, Ryanair have previously charged passengers €2.50 per ticket to cover the cost of compensation pay-outs. Ryanair are likely to have received over €400 million for this levy in 2011, 2012, 2013 – enough to compensate over 1 million passengers.
According to a report published by the European Commission in May 2014, if airlines increased ticket prices to cover their compensation costs (including providing food, free accommodation etc. to passengers where necessary), this would only be equal to an increase of between €1 and €3 per one-way ticket (approximately 73p to £2.19)
For more information contact:
T:01625 415 800
Bott and Co and flight delay compensation
To date (06/08/2015), Bott and Co has recovered over €11.5million flight delay compensation for more than 27,000 passengers, since the department launched in 2013.
Bott and Co took the landmark case of Dawson v Thomson Airways to the Supreme Court and won in 2014. The ruling meant that passengers in England and Wales have six years to take a flight delay claim to court. The decision unlocked £3.89billion in compensation. Find out more here.
Bott and Co took the landmark case of Huzar v Jet2 to the Supreme Court and won in 2014. The ruling meant that airlines can no longer claim that ‘technical issues’ are extraordinary circumstances. The decision unlocked £750million in compensation. Find out more here.
Bott and Co are a law firm and NOT a claims management company. In that respect we are regulated by the Solicitors Regulation Authority and can issue court proceedings, where claims management companies cannot.
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