header-logo header-logo

19 January 2016
Issue: 7683 / Categories: Legal News
printer mail-detail

Airlines must compensate for lightning strike delays

When lightning strikes cause delays, airlines may have to compensate passengers, the High Court has held, in a case that potentially could lead to 54,000 individual claims.

In Evans v Monarch Airlines Ltd at Reading County Court on 14 January (unreported), Judge Melissa Clarke held that lightning strikes are not one of the “extraordinary circumstances” that excuse airlines from paying flight delay compensation. She awarded the passengers €600 (£450) each for a five hour flight delay.

Under European Flight Delay Regulation EC 261/2004, passengers delayed by three hours or more in the last six years can claim up to €600 compensation, as long as the delay was not caused by extraordinary circumstances. The regulation does not define the term, "extraordinary circumstances".

Bott & Co Solicitors, who acted for Michael Evans, say the ruling could benefit 54,000 delayed passengers, totalling £17.6m in flight delay compensation. This calculation is based on Civil Aviation Authority statistics that 13.5 million passengers in the past six years were delayed for three hours or more, 80% can potentially lead to claims, and 0.5% of delays are caused by lightning.

While the decision is not legally binding, the firm points out that it “is the lead case on the issue of lightning strikes. As such, the decision will be highly persuasive in flight delay cases involving lightning in English and Welsh courts”.

Kevin Clarke, litigation executive at Bott & Co, says: “Bad weather is not the airline’s fault, but the law says it is their responsibility.”

Issue: 7683 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll