The Court of Appeal has handed down its judgment in the Dawson V Thomson Airways case, opening up an additional four years’ worth of claimable flights.
Lord Justices Moore-Bick, Kitchin and Fulford dismissed the airline’s appeal and found in favour of Mr Dawson, ruling that consumers have six years to bring a flight delay claim in England and Wales under EU regulation 261/2004, in accordance with Section 9 of the Limitation Act 1980.
Bott & Co, the Flight Delay specialist law firm representing Mr Dawson, estimate the decision affects over 11 million passengers and is worth in excess of £4 billion to consumers. The law firm has hundreds of litigated cases which have been stayed pending the outcome of the Dawson case, and thousands more ready to issue proceedings.
This is the second flight delay case Bott & Co has won at the Court of Appeal in the last eight days. Last week Bott & Co won Mr Huzar’s case against Jet2.com which found a technical problem is not an extraordinary circumstance and therefore airlines must still pay compensation under EU261. For more information see http://www.bottonline.co.uk/articles/huzar-v-jet2-appeal-summary.
The free online calculator at http://www.bottonline.co.uk/aviation/flight-compensation-claims-form takes the Dawson and Huzar judgments into consideration to tell consumers if they have a valid flight delay claim.
David Bott, Senior Partner at Bott & Co said:
“This is a huge victory for passengers in what has been a David versus Goliath type battle against the airlines. We welcome the judgment and the much needed guidance it has brought to the flight compensation process here in the UK. Passengers will now know with far more certainty whether they are entitled to compensation.
“Despite the ruling in favour of consumers, our advice remains the same and that is for anyone who has suffered delays to make their claim as soon as possible after it happened as it makes it easier to access information.”
Details of the judgment, handed down by Lord Justices Moore-Bick, Kitchin and Fulford can be found at here.