Urgent warning as thousands of travellers could be owed £100s in compensation from BA after court ruling
AIRLINES face having to pay compensation for flight delays to thousands of travelling following a Supreme Court ruling.
Kenneth and Linda Lipton took BA Cityflyer, an arm of British Airways (BA), to court after they arrived in London from Milan in January 2018 more than two hours late.
It followed the cancellation of their original flight because of a pilot falling ill at home while off duty.
The airline refused to pay around £220 in compensation for the delay, arguing that the pilot’s illness was an “extraordinary circumstance” which could not have been avoided and was out of its control.
After two courts upheld the company’s position, the Court of Appeal ruled in the couple’s favour, with the airline then taking the case to the Supreme Court.
But on Wednesday, five Supreme Court justices unanimously dismissed the company’s appeal.
Tens of thousands of claims made annually could be affected by the precedent set by the Supreme Court.
This means it could be used as an example of case law when bringing similar complaints to court.
As a result, compensation could be paid to travellers affected by pilot illness.
In their judgment, Lord Sales and Lady Rose said that it “does not matter” when the pilot fell ill, as the crew member remained an “inherent part of the airline’s operation” even when not on duty.
In a decision backed by Lord Lloyd-Jones, Lord Burrows and Lady Simler, they said: “If the pilot drinks so as to be unfit to report for work and the flight is cancelled, then the reason for the cancellation is inherent in the airline’s activity and operations.
“The same is also true of the need for the captain and other cabin crew to ensure that they are properly rested during stopovers.
“They have numerous obligations both to their employers and to the public during those periods.
“These are all inherent in the carrier’s activity and operations and if, for whatever reason, they are unable to attend for work as a result of something going awry during those rest periods, whether it is their fault or not, that failure to attend is not an extraordinary circumstance.”
In a joint statement issued by their law firm, Irwin Mitchell, following the ruling, Mr and Mrs Lipton, from Westerham in Kent, said they “never wanted to be in this position”.
They said: “We see this as not just a win for ourselves but a victory for people who are prepared to fight for common sense and justice against corporate behemoths who have access to every resource.
Flight compensation rules
What are my rights if my flight is cancelled or delayed?
Under UK law, airlines have to provide compensation if your flight arrives at its destination more than three hours late.
If you’re flying to or from the UK, your airline must let you choose a refund or an alternative flight.
You will be able to get your money back for the part of your ticket that you haven’t used yet.
So if you booked a return flight and the outbound leg is cancelled, you can get the full cost of the return ticket refunded.
But if travelling is essential, then your airline has to find you an alternative flight. This could even be with another airline.
When am I not entitled to compensation?
The airline doesn’t have to give you a refund if the flight was cancelled due to reasons beyond their control, such as extreme weather.
Disruptions caused by things like extreme weather, airport or air traffic control employee strikes or other ‘extraordinary circumstances’ are not eligible for compensation.
Some airlines may stretch the definition of the “extraordinary circumstances” but you can challenge them through the aviation regulator the Civil Aviation Authority (CAA).
Will my insurance cover me if my flight is cancelled?
If you can’t claim compensation directly through the airline, your travel insurance may refund you.
Policies vary so you should check the small print, but a delay of eight to 12 hours will normally mean you qualify for some money from your insurer.
Remember to get written confirmation of your delay from the airport as your insurer will need proof.
If your flight is cancelled entirely, you’re unlikely to be covered by your insurance.
“We never wanted to be in this position but felt we had little choice but to continue our legal case given the stance of the carrier all the way through this.
“Their insistence to continue this battle to the highest court in the land has now met with the correct conclusion and our significantly smaller, but no less wily team has succeeded against all odds.
A spokesperson for BA said: “We are disappointed with this decision and respect the judgment of the court.”
How do I get back what I’m owed?
You’ll have to go straight to your travel provider if you want to get back anything you’re owed.
Customers can find out more information on their airline’s website, usually under a “manage my booking tab”.
There may also be a specific refund request page.
To claim compensation though, usually your flight needs to have departed from a UK airport, arrived into a UK airport and was with a UK or EU airline or arrived into the EU and was with a UK airline.
You could be able to claim for £220 per person on shorter journeys, and £520 on longer distances says one travel expert.
If these don’t apply, you need to contact the airline to get back anything you feel you may be owed.
Should I take any action myself?
Policies vary so you should check the small print, but a delay of eight to 12 hours will normally mean you qualify for some money from your insurer.
Make sure to get written confirmation of your delay from the airport as your insurer will want to see some kind of proof so to pay-out.
If you cancel your own flights without the right cover you could be refused your money back altogether.
A good way to make sure your back is covered is by getting travel insurance.
If you can’t claim compensation directly through the airline, your travel insurance may refund you instead.
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