01482 778 463

We're here to help 01482 778 463

CLAIM ONLINE
Hudgell Solicitors™ | Latest News | Latest Judgment given in Court of Appeal on Flight Delay Claim

Latest Judgment given in Court of Appeal on Flight Delay Claim

Airport waiting area


Jet2 v Huzar – Extraordinary Circumstance Defence just got more Extraordinary!

Flight Delay Claims just took an interesting twist with the latest judgment in Huzar being handed down by the Court of Appeal this morning. Mr Ronald Huzar was due to travel on Jet2 flight LS0810 from Malaga to Manchester on 26 October 2011. However, due to a potential defect in the fuel shut off valve and wiring this was not possible. An engineer was flown out from their hangar at Leeds Bradford Airport and a different plane was diverted from Glasgow to collect returning passengers from Malaga, arriving in Manchester at 23.28 on 27 October 2011, 27 hours late.

Mr Huzar made a Claim for compensation under Article 7(1)(b) of EC Regulation 261/2004. (‘Regulation 261’). This provides that passengers must be compensated for in specified amounts unless the carrier, Jet2, can show the flight was subject to a delay due to ‘extraordinary circumstances’ under Article 5(3).

‘Extraordinary Circumstances’ have not been defined in Regulation 261 but case law of the European Courts have already dealt with this matter and confirmed in Wallentin-Hermann v Alitalia [2009] that an engine defect picked up in routine maintenance, or on account of failure to carry out such maintenance will not amount to a defence.

It would appear that going forward Extraordinary Circumstance must be a problem not “inherent in the normal exercise of the activity of the air carrier”

Already industry insiders are expressing concerns for entire fleets.

Joanna Kolatsis, speaking at the Abta travel law seminar last month said: “It is an open door on compensation if Jet2 loses its appeal.”

If you have been affected by a delayed flight you may be entitled to claim compensation, visit our delayed flight compensation page for further details.

No Comments

Leave a Reply

*Required

Request a callback

Request a callback from a solicitor

 I am an existing client.









What Our Clients Think

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Ihad the need to use a solicitor i had …

"Ihad the need to use a solicitor i had never heard of HUDGELL SOLICITORS at… "

Tina Dridge

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

I am satisfied,profesional service ,I …

"I am satisfied,profesional service ,I recommend to everyone."

Miss Stanislawa Szczubelek

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Very good polite and fast service

"Very good polite and fast service"

Lesley Hubbard

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Hudgell's did a good job

"Nasreen did a good job and Hudgell's were great throughout"

AJV2017

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Very helpful and done everything they …

"Very helpful and done everything they can to help me win my claim"

Mr Jack Benjamin Chapman

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Excellent! Number 1 law firm 👍🏻👍🏻

"Excellent and honest from start to finish. Always returned my call and put me first.… "

Mr Gav Walker

trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Great help with an extra bit of nagging …

"Great help with an extra bit of nagging from myself! They got the best for… "

Miss Chloe Knapton

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Hiya you work real good for me I'm …

"Hiya you work real good for me I'm happy for you do for me and… "

Ms Anne Ollier

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Excellent service

"Excellent service. I have been kept informed every step of the way. When I have… "

maggie ackroyd

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Excellent service

"Excellent service, the Solicitor kept me informed on all progress with regular phone calls and… "

Miss Rebecca Shaw

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Would 100% recommend and use again

"Whilst having to deal with a difficult company who was denying I ever worked for… "

Danny Morfitt

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Fantastic service from beginning to …

"Fantastic service from beginning to end. Cant really say much more than that."

Craig

trustpilot-star trustpilot-star trustpilot-star trustpilot-star

My case

"I have always found your service very good,always up to date with what was going… "

Miss Julie johnson

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Great service

"Great service, friendly and hard working staff"

Mr Mohamed Jaouadi

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Excellent customer care

"Once my claim was accepted I was kept informed throughout the negotiating process very professional… "

Mr Terence John Casey

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Excellent Company

"Fast, friendly and honest service. Could not be happier with how my claim was handled… "

Miss Stacie King

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Very prompt along every step of the way

"Very prompt along every step of the way"

Miss Rachel Victoria Joseph

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Excellent service

"Excellent service. Regular updates on my case and felt they had my best interests in… "

Mr Paul Hewson

trustpilot-star trustpilot-star trustpilot-star trustpilot-star trustpilot-star

Hudgell's have been very sensitive and …

"Hudgell's have been very sensitive and thorough with their support of me in my case.… "

Mrs Lisa Russell

Rated 9.2 out of 10 based on 297 reviews

Powered by Trustpilot

© 2017 Hudgell Solicitors®. All Rights Reserved.

Hudgell Solicitors is a trading name of Neil Hudgell Limited | Director Dr. Neil Hudgell MA LLB (Hons) LLD | Registered in England No. 7078429 | Authorised and Regulated by the Solicitors Regulation Authority | SRA No. 521372 | VAT Registration No. 254 7802 90