UK Supreme Court Refuse Jet2 & Thomson Leave To Appeal On The Huzar & Dawson Cases. In the latest flight news, the Supreme Court has turned down appeal applications from Jet2 and Thomson in two landmark flight delay cases that pave the way for potentially millions of passengers who’ve experienced flight delays resulting from technical snags. The Dawson v Thomson and Huzar v Jet2 rulings handed down in July this year stand, and herald the start of a long process of addressing pending claims, amounting to approximately £876 million across 2.36 million passenger in 2013 alone. Thousands of claims pending the landmark decision will now need to be settled by airline companies in accordance with the Court of Appeal judgements. Consumers whose claims were previously turned down for being more than two years old or relating to a technical problem can now resubmit their claims. The recent ruling marks a positive development in the way the regulatory bodies perceive and mete out rules on flight issues. Let’s take a quick look at the two cases that spearheaded the change.
Dawson v Thomson:
Dawson v Thomson was a landmark case in the history of recent flight delay news. On Christmas day 2006, Peterborough’s James Dawson and his wife suffered a delay of six hours and 26 minutes after their Thomson Airways flight from Gatwick to the Dominican Republic was held back owing to technical issues. Thomson argued its right to refuse payouts for claims not brought to court within two years of the delay. However, a judge ruled that under European law, the claims could be made up to six years after the event, effectively allowing Dawson to keep £1,488.73 in total compensation awarded by the airline. Huzar v Jet2 Stockport’s Ronald Huzar had to endure a 27-hour delay resulting from a wire defect on a Jet2 carrier from Malaga to Manchester in October 2011. The airline refused compensation on the grounds that a technical fault was ‘unforeseeable’. However, judges held Jet2 liable for the technical problem and ordered that it compensate Huzar.
When can an airline turn down a claim?
Airlines can refuse payouts when the delay is deemed to be an ‘extraordinary circumstance’ or beyond their control, such as in the case of poor weather or strikes. In such cases, regulations oblige airlines to dispense the appropriate duty of care to affected passengers. Airlines must provide passengers with accommodation, meals, refreshments and transportation from the airport to the accommodation. Should your airline turn down your claim citing extraordinary circumstances, you have the right to challenge their decision. Most often, airlines claim technical faults to be extraordinary circumstances. An extraordinary circumstance is one that the airline could not have avoided even if it had taken all reasonable measures. Now that the new rules have set the stage for compensation to be claimed even for delays caused due to technical snags, airlines cannot claim this defence. More details to follow and what Blueway Limited will now do to recover flight delay compensation Claims.