Bott & Co in hails court victory in flight delay cases

A NORTH West law firm is at the centre of a legal case which could unlock billions of pounds of compensation for airline passengers affected by delayed flights.

Wilmslow-based Bott & Co, which is a specialist personal injury and flight delays firm, acted for two claimaints in a case heard at the Supreme Court in London, which ruled that airlines cannot avoid paying compensation to passengers.

The court, the highest in Britain, refused to hear appeals by Jet 2 and Thomson Airways against two passengers who won compensation after suffering long delays.

In one case James Dawson from Peterborough can keep the £975 plus interest totalling £1,488. he was awarded from Thomson Airways after his flight to the Dominican Republic on Christmas Day 2006 was delayed six hours 26 minutes.

Thomson appealed the order for payment made by Judge Michael Yelton at Cambridge County Court in July 2013, on the grounds that it was outside the two year limitation period for claims under the 1999 Montreal Convention.

But Lord Justice Moore-Bick sitting with Lord Justices Kitchin and Fulford unanimously agreed that claims can be made up to six years after the event under European law, and that Mr. Dawson was just inside that limit.

Bott & Co estimate the decision affects more than 11 million passengers and is worth in excess of £4bn.

In the second case, the firm acted for Stockport man Ronald Huzar in his claim against Jet2.com after his flight from Malaga to Manchester in 2011 was delayed for 27 hours.

The airline claimed a technical fault was ‘unforeseeable’ and they shouldn’t have to pay compensation. But the judges ruled the fault was not an ‘extraordinary circumstance’ and they must pay.

David Bott, senior partner at Bott & Co, said:  “This is a landmark day not just for Mr Huzar and Mr Dawson but for passengers everywhere.  Two journeys which started with a delay have now finished, nearly eight years later in Mr Dawson’s case.

“The Supreme Court’s decision has provided total clarity in the law, which will benefit both airlines and passengers going forward.  We here at Bott & Co are proud of our part in this victory that will benefit millions of consumers each year and brings this country’s law in line with other European countries.”

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