26 June 2014 |
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Joanna Kolatsis: ‘The importance of this decision should not be underestimated’
FACE PAYOUT HEADWINDS
AIRLINES
A SECOND COURT OF APPEAL RULING
IN AS MANY WEEKS HAS EXTENDED AIR
PASSENGERS’ RIGHT TO COMPENSATION FOR FLIGHT DELAYS. INDUSTRY LAWYER
JOANNA KOLATSIS EXPLAINS
The ink has yet to dry on the Court of Appeal judgment on June 11 in the case of Huzar v
Jet2.com and now the aviation industry faces another damaging decision. Thomson Airways took its case to the Court of Appeal following a loss in the Cambridge County Court against James Dawson, who was fighting for the right to claim compensation under the EC air passenger rights regulation (261/2004) following a six-hour delay on a flight to the Dominican Republic.
The issue in this case was not 64 •
travelweekly.co.uk — 26 June 2014
whether Dawson was entitled to compensation – Thomson agreed that under normal circumstances this would have been paid – but rather whether Dawson was time- barred from bringing his claim. The limitation period for bringing civil claims in England and Wales is usually six years. Dawson issued his claim against Thomson just before the six-year period expired. Thomson challenged the claim on the basis that it was time-barred in accordance with the Montreal Convention 1999 which governs the liability of air carriers and provides for a two-year limitation.
In a blow to Thomson, the
Court of Appeal decided the six-year limitation should apply to Dawson’s claim in accordance with domestic law in England and Wales. Thomson has since announced its decision to take the case to the UK Supreme Court. It is not the first time the question of limitation has arisen in claims under Regulation 261. Airlines have for some time championed the exclusivity of the Montreal Convention when dealing with claims.
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