Many claims for flight delays have been put on hold by the courts pending the outcome of an appeal in a case of Huzar v Jet2. The issue being appealed is whether a technical fault with the aircraft that the airline was not aware of and which causes the delay can be treated as an “extraordinary circumstance”. If technical faults can be treated as extraordinary circumstances then the airline does not have to pay the compensation. The current law is that technical faults are not extraordinary even if the airline is not aware of them and could not be aware even if reasonable checks were made. The matter is being considered the Supreme Court and a decision might be available by November 2014.
If you have any queries regarding compensation for flight delay or other related issues do not hesitate to contact Nick at Sentinels Solicitors on 01925 759 510 or fill in the contact form on the right of this page.
Compensation under the European Regulation EC261/2004 can be claimed for flights that arrived 3 hours or more beyond their scheduled arrival time (4 hours where the flights are over 3,500km).
Usually a delay is clearly beyond 3 (or 4) hours. However, where the delay is closer to the 3 (or 4) hours the actual time of arrival may become important.