ADAM TEAR and SCOTT-MONCRIEFF & ASSOCIATES LTD
  • Home
  • Areas of law
    • Other areas of law
  • About
    • Adams Cases
    • Services to lawyers
  • News
  • Contact

ADAM TEAR

Scott-Moncrieff & Associates Ltd Logo linking to their website

Airline Compensation

2/1/2020

1 Comment

 
Airline delay claims are typical small claims in that whilst highly complex issues arise of both fact and law, they are generally of a low value. Costs can be recovered but these are fixed costs. Where a flight has been cancelled or delayed in excess of three hours, there is a right to compensation, so long as the cause of the delay was not for exceptional circumstances, such as a volcano eruption, and that the airline took reasonable steps to avoid the cancellation. 

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.

Claims are relatively simple once you have established you were delayed on a flight, then it is for the airline to prove that you should not have compensation. In the majority of cases there should be no requirement to litigate at all. 

There can be some complications were the delay is as a result of air traffic control direction or political instability in the contrary of origin. The case of Blanche v EasyJet [2019] EWCA Civ 69 gives some indication of how a defence maybe run, which is below.

If you have been delayed by more than three hours please look at my pages on how to make a claim, which is here
1 Comment
Missouri Window Screen link
30/4/2023 07:53:55

Hi thanks for postiing this

Reply



Leave a Reply.

    Author

    Adam is a solicitor advocate, and regularly appears in the High Court and Court of Appeal dealing with some of the most complex and interesting cases.

    Archives

    May 2025
    April 2025
    May 2024
    March 2024
    January 2024
    June 2023
    February 2023
    December 2021
    November 2021
    November 2020
    September 2020
    July 2020
    May 2020
    April 2020
    March 2020
    February 2020
    January 2020
    December 2019

Contact
© 2023 Scott-Moncrieff & Associates Ltd, Mr Adam Tear, and AMT Training Solutions | Terms of Use | Privacy Policy  
Adam Tear is a solicitor in England and Wales regulated by the SRA (398890), Scott-Moncrieff & Associates Ltd are an authorised and regulated firm (596379). AMT Training Solutions Ltd is an authorised but not regulated firm (570562).
This website is not designed to give legal advice and nothing said on these pages should be construed as providing legal advice. 
Website design by AMT Training solutions. 

  • Home
  • Areas of law
    • Other areas of law
  • About
    • Adams Cases
    • Services to lawyers
  • News
  • Contact