Flight delay – technical fault not extraordinary circumstance and time limit 6 years not 2 says Supreme Court
Following a Jet 2 flight being delayed the airline was ordered to pay compensation to Mr Huzar. It had argued that the delay was due to a technical fault and so was due to an extraordinary circumstance. If its argument had succeeded the passengers would not be entitled to the compensation normally payable under the EC Regulation 261/2004. The decision went against Jet2 so it sought permission to appeal to the Supreme Court. The application for permission to appeal caused many cases to be put on hold pending this decision. However, the Supreme Court refused Jet2 permission to appeal meaning the previous Court of Appeal decisions in favour of Mr Huzar still stand namely that technical faults are not an extraordinary circumstance and the airline must pay the compensation due.