Ryanair to appeal against court ruling allowing passengers to claim delay

A case was brought by six disgruntled passengers who experienced a 10 hour delay while flying with the airline and they then tried to claim after five years and eight months.

Lawyers say although no other airlines are now running the two-year limitation argument, the majority have a similar clause in their terms and conditions stating that passengers only have two years to issue court proceedings.

Flight delay lawyer Kevin Clarke, who acted on behalf of Goel & Trivedi said: “We are delighted that the court has dismissed yet another argument put forward by the airlines to restrict passenger rights”.

Ryanair has been arguing that by accepting the airline’s Terms and Conditions when they buy a ticket, passengers agree that they only have two years to take a claim to court, despite the Supreme Court saying they have SIX years.

The court decision will only affect customers who flew with Ryanair before 2013.

Although the ruling is not legally binding, it sets an important precedent and could benefits millions of airline passengers.

Ryanair intends to appeal the ruling and said a six-year time limit for submitting such claims is “both unnecessary and unreasonable”. The solicitors think that this could open up compensation for over 2 million passengers, with claims coming in around £610m.

According to the Denied Boarding Regulation, passengers who are delayed for three hours or more are entitled to compensation – as much as £440 – unless the delay was due to “extraordinary circumstances”.

Manchester County Court’s decision follows a ruling made in October 2014 by the Supreme Court.

They say if Ryanair had won, all airlines might have been able to put a two-year time bar on all existing and future flight delay claims.

“Ryanair estimates that even if its appeal in this matter is ultimately unsuccessful, its potential liability will not be material”, the airline said, estimating it at less than five million euros.

Manchester County Court said Ryanair was wrong to bar passenger claims after two years, pointing out that European Union law says they are entitled to make claims for up to six years afterwards.

Richard Lloyd, executive director of consumer champion charity Which? said: “This case is a huge victory for consumers and should deter other attempts to shorten the six-year time limit for seeking redress”.

A recent investigation by Which? found more than 9,000 flights in the UK are delayed for three hours or more over a 12-month period to May 2015, which could mean around 900,000 passengers are potentially eligible to receive compensation.