As the law currently stands, technical problems are not considered extraordinary circumstances and so the airline must pay out compensation for delays caused by technical problems that aren’t hidden manufacturing defects.
The decision by the Court of Appeal to dismiss the Jet2.com appeal on Wednesday 11th June 2014 is binding on all courts in England and Wales and will remain so unless the appeal is upheld by the Supreme Court.
The Court of Appeal refused Jet2.com leave (permission) to appeal so Jet2.com have said they will ask the Supreme Court for leave to appeal. There is no guarantee they will be allowed to appeal and even if they were, the same arguments will be used that have already been unsuccessful in Manchester County Court and the Court of Appeal.
The best advice we can give is that you make your flight delay claim as soon as possible.
We are now in line with the rest of Europe following yesterday’s judgment and for the Supreme Court to go against that would be highly unusual.
The best advice we can give is that you make your flight delay claim as soon as possible to give yourself the best chance of recovering your compensation.
The air carriers have long insisted that they want clarity in this matter, and indeed their confirmation that they intend to appeal confirms that they seek clarity. That is what was provided by the unanimous decision of the Court yesterday – simple clarity, and more importantly a judgment which is binding on all courts in England and Wales.
The Huzar judgment is now good law and will remain so until such time as there is an order from a higher court telling us otherwise. An intention to appeal, or indeed a pending appeal, should not be sufficient to dissuade the court from applying the test set down by Lord Justice Elias yesterday.
It is worth noting in paragraphs 47-49 of the judgment the court says that even if they had been persuaded by the submissions of the air carriers Counsel they still would have found against them and the appeal would have been refused.