Jet2 at the High Court

A frustrated traveller has taken Jet2 to court for failing to pay compensation for a delayed flight.  The ruling in his favour is now being contested at the High Court.

First of all, he appears to have the law on his side.  The law requires that compensation be paid for cancelled flights or for flights which are delayed by more than three hours.  There is a get-out clause for exceptional circumstances, which Jet2 believes covers the technical fault which delayed the flight in question.  The claimant however argues that exceptional circumstances refer to events outside the control of the airline, such as severe weather conditions.

Second, the outcome of the case will set a binding legal precedent.  Unless it is overturned at a higher court, then all lower courts will be required to determine similar cases in the light of the ruling in this case.

Third, this lawsuit is based upon European Union law, and so the ruling in this case could be disregarded in future if Britain were to leave the European Union - which is not to say that it necessarily would be.

Fourth, the comments on the Mail Online website are mixed.  Some are praising the lawsuit, while others complain that the ruling, if upheld, will force airlines to increase their prices to cover the cost of paying compensation.  This is probably true, and the ruling could prove to be a particular burden to smaller airlines.

No amount of debate is likely to influence the eventual ruling of the High Court, however.  It is possible that it will be easier in future for airline passengers to claim compensation for cancelled flights, and it is also possible that fares will increase.  It is also possible, but less likely, that we will continue to pay relatively low prices for air travel, but risk being delayed without compensation.

My final point is that litigation can be expensive, and the claimant could end up having to pay a huge legal bill.  I was once told by a law lecturer that the first rule of the law is to keep away from it.

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