Payout on flight delay under EU rule may spark more claims

Payout on flight delay under EU rule may spark more claims


A couple has been awarded compensation of £687 after their flight was delayed in the first implementation of a landmark European court ruling.








A district judge has awarded Mr Halsall, a retired teacher, and his wife Joyce, 57, damages. Photo: Newsteam





By David Millward and Andrew Hough

6:15AM GMT 31 Jan 2013




Jeff Halsall, 58, sued Thomas Cook after his flight in October 2009 from Tenerife to East Midlands Airport was 22 hours late.


His claim was rejected by the airline, which said that technical difficulties meant the flight was cancelled for reasons beyond its control.


But this week a district judge awarded Mr Halsall, a retired teacher, and his wife Joyce, 57, damages.


Last night consumer groups said they hoped the ruling would ensure airlines treat travellers fairly.


Under EU law, passengers are entitled to seek compensation if their flight is more than three hours late. Until now, however, airlines had been able to argue against claims by saying that technical problems should be classed as exceptional.



Related Articles

• 
  Air passengers to get compensation if delayed
  24 Oct 2012
  
• 
  Airlines must pay compensation for flight delays
  23 Oct 2012
  
• 
  Airlines 'blocking' delay claims
  25 Jan 2013
  
• 
  Airlines 'reject 95 per cent of claims for delays'
  26 Oct 2012
  

In October, the European court of Justice ruled that they should be responsible for delays caused by mechanical failure.

The Halsalls’ victory is expected to trigger a wave of claims from other passengers who have suffered similar delays since February 2005.

Mr Halsall, and his wife, who teaches history, had boarded a plane home from Tenerife on Oct 30, 2009.

The 11.30pm flight was due to arrive at East Midlands Airport at 3.40am the following day, but they were forced to disembark the plane at 2.30am.

A judge initially rejected their legal claim after Thomas Cook said the delay was due to an “exceptional circumstance” beyond its control.

Mr Halsall appealed against the decision after learning of the October ruling, which allows people to claim between £200 and £480 compensation for delays over three hours in EU countries.

At Stoke-on-Trent County Court on Monday, District Judge Peter Rank awarded the couple €800 (£687).

Last night, Mr Halsall, from Stoke-on-Trent, Staffs, encouraged other passengers who had suffered long delays to check whether they had a claim for compensation.

“It doesn’t matter how much people pay for their flight, everyone is entitled to this,” he said.

He added that he was delighted to have won his case and hoped passengers who had been deterred over the past five years “can now claim back what is owed”.

The Civil Aviation Authority said Mr Halsall’s legal victory appears to be the first in Britain since the European ruling. It is estimated that more than 200 million passengers use British airports each year.

Thomas Cook last night said it had offered Mr Halsall more money than the figure eventually awarded by the court.

A spokesman said: “We appreciate how frustrating flight delays can be and we’ve reiterated our apology to Mr Halsall for the lengthy wait he and his wife experienced.

"We always look at claims such as this fairly and make every effort to resolve complaints without the need for a court hearing.”