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

A very professional efficient service.

"A very professional efficient service."

Mr Anderson

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

I can honestly Say that it has been a …

"I can honestly Say that it has been a privilege to be represented by a… "

Mr Robert Kennedy

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

Claim against Met Police

"Apart from when purchasing property, I have virtually no experience of working with solicitors. I… "

Mr Ray Dickinson

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

Excellent service

"Excellent service"

Mr Kevin Daniel Hughes

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

Extremely professional

"Extremely professional and considerate staff. Helpful every step,and always contactable."

Mrs Naomi Walsh

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

mrPAWEL MADRY

"VERY GOOD SOLICITORS.THANK YOU/I RECOMMEND"

Mr Pawel Madry

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

An excellent company to deal with

"An excellent company to deal with. Very efficient & professional with a personal touch. Kept… "

Myra Phillips

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

Very good communication between myself …

"Very good communication between myself and Hudgell resulting in a very satisfactory outcome"

Mrs Judith Kirkpatrick

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

Very good and friendly people

"Very good and friendly people"

Mr Nisar Ahmad Ahmadi

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

Excellent advice throughout

"Excellent advice throughout, kept up to date at all times, Would highly recommended"

Alan Beaumont

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

very helpful from the start

"very helpful from the start. Kept in touch to keep me up to date with… "

Miss Felicity Warrack

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

A solicitor that listens and doesn't judge.

"I hope I never have to go through anything like it again but if I… "

Linda Nicholson

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

Thank you for your support especially …Jade

"Thank you for your support especially by Jade again you for understanding my case. Graham… "

Mr Graham Eccles

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

Renu could not have been …

"Renu could not have been better,excellent service"

Mrs Jane Jones

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

Professional first class company

"Professional first class company"

Mr Davies

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

Before instructing Hudgells we couldn't …

"Before instructing Hudgells we couldn't even extract an apology from the defendant so to come… "

Joanne

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

Great service

"fr endless staff made the process easy, great communication throughout. Would recommend."

Jimmy

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

Amy Wilkinson has been very profession …and

"Amy Wilkinson has been very professional and patient with my enquiries also very helpful, so… "

Sharan Hatch

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

Happy Chappy.

"I was kept up to date with any changes, treated with respect and honesty and… "

James

Rated 9.2 out of 10 based on 334 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