EC 261: court confirms English passengers may claim within six years of flight
Hot on the heels of its recent decision in Huzar v Jet2, the English Court of Appeal has handed down another passenger-friendly judgment. In James Dawson v Thomson Airways, the court has confirmed that the limitation period within which passengers may bring EC 261 claims in England and Wales is six years.
Mr Dawson’s claim arose from a flight from London Gatwick to the Dominican Republic in 2006 that was delayed by six hours as a result of crew shortages caused by sickness. He sought compensation under EC 261 of €600 (£480) per passenger. Thomson accepted that it would have been liable to make the payment if the claim had been brought in time, but argued that the claim was out of time by virtue of the two-year limitation period contained in article 35 of the Montreal Convention, which governs the liability of air carriers.
Mr Dawson countered that the six-year limitation period provided for in the Limitation Act 1980 should apply and therefore he was not out of time as he had commenced his claim just less than six years after the date of his delayed flight…
Click on the link below to read the rest of the Stephenson Harwood briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Stephenson Harwood
News from The Lawyer
Briefings from Stephenson Harwood
This helpful one-page summary diagram shows the current expected timetable for Great Britain’s passenger rail franchises and concessions.
In Kays Hotels v Barclays Bank, the Commercial Court refused a strike-out application that was based on a bank’s argument that the claim was time-barred.
Analysis from The Lawyer
‘Exotic’ investors and opportunities for legal work beyond M&A feature in The Lawyer’s high-level roundtable debate on south-east Europe