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Airline Compensation

So your flight was delayed by more than three hours or cancelled in the last six years. It was also from a European or to an European airport, or with a European airline. So long as the airline has not since gone out of business you may have a claim per delayed passenger.

Even in these cases which are considered low value it is often the case that some legal assistance from a litigator with experience of the area, can make the difference between a case that fails and a successful outcome recovering the sums of money sought. If you need legal assistance please do not hesitate to contact Adam, at adam.tear@scomo.com, or through the contacts page.

Introduction

EC Regulation 261/2004 (the “Flight Regulation”) creates a statutory framework for compensating passengers on regulated flights to compensation if the flight is cancelled or delayed for 3 hours or more.

Pre-Action 

As a starting point for all litigation, alerting the proposed defendant to a potential claim is essential and may resolve the dispute without having to resort to a claim. Saving both expense and time. 

Starting the Claim

The claim is started the same as any other small claim, either by using the form N1 or using the Money Claim online system, the claims will initial be handled by an airline team in Liverpool, before being transferred to the Court nearest the airline, and most likely allocated to the small claims track. If the airline is not based in England and Wales, you may need to apply for service outside of the jurisdiction. 

Compensation 

Compensation under the Flight Regulation is limited to three bands  – €250 (1500km), €400 (3500km) or €600 (over 3500km)  (or the sterling equivalent at the date of issue of the claim). As such even with a large number of claimants, the matter is likely to be allocated to the small claims track. 

The Claim

Once the delay has been established, which is normally a matter of fact, it is then for the Airline to establish that there was some reason why this sum should not be paid. That issue will normally be considered at a hearing. The Airline will be represented by an advocate, and the costs will follow the event, so if you are successful your fixed costs will be paid by the Airline, if you are unsuccessful their costs will be paid by you.