The Scotsman

‘Millions’ in line for Ryanair payouts after test case ruling

- ANGUS HOWARTH

MILLIONS of Ryanair passengers could receive compensati­on after a landmark court judgment ruled the airline cannot limit the time allowed to claim compensati­on for flight delays.

Lawyers claimed the Irish carrier could be liable for payouts of around £610 million after the firm lost a test case at Manchester County Court.

The airline had argued claims for delays could be limited to two years under a clause in their terms and conditions small print – not six years, as is the rule under European Union Law.

The case was brought by lawyers for six delayed passengers who tried to claim compensati­on for delayed flights after five years and eight months, which Ryanair contested.

After a long-running legal battle, Judge Platts ruled Ryanair’s rules fall foul of European Flight Delay law. Ryanair said it will appeal the decision.

Lawyers say the ruling in the case, Goel & Trivedi v Ryanair, stands to affect millions of air passengers. 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.

Kevin Clarke, lawyer for Man-

“A six-year time limit is both unnecessar­y and unreasonab­le” Ryanair statement

chester law firm Bott & Co, who fought the case for the passengers, said: “We’re delighted that the court has dismissed yet another argument put forward by the airlines to restrict passenger rights.

“The last 12 months have seen a series of landmark judgments obtained by Bott & Co on behalf of millions of passengers and this is as important as any of those that precede it.”

He added: “We fully expect the airlines to continue to fight these cases but we are prepared to hold them to account in each and every instance where the law says compensati­on is payable, and with the courts continuing to find on behalf of consumers, we’ve real cause to be optimistic that passengers will receive the compensati­on they are entitled to.”

But Ryanair said the figures quoted by the lawyers were “absurd”.

In a statement, the airline said: “Firstly, since less than 1 per cent of Ryanair flights are delayed over three hours and since more than 90 per cent of passengers make a valid claim within Ryanair’s contractua­l two-year period, there is a tiny potential group of passengers who may wish to submit a claim between two and six years after the date of their flight delay.

“Accordingl­y, Ryanair estimates that even if its appeal in this matter is ultimately unsuccessf­ul, its potential liability will not be material and is likely to be less than €5m (£3.6m).”

The firm added: “Since we believe a six-year time limit for submitting such claims is both unnecessar­y and unreasonab­le, we have instructed our lawyers to immediatel­y appeal this ruling.”

Mr Clarke said his figures were based on the possibilit­y that everybody who could claim, would claim.

He added: “The figure we have provided is accurate.

“Ryanair say that more than 90 per cent of people who make valid claims with them do so within two years.

“However, only a fraction of people who can claim do claim and as such this point is ultimately specious.

“This is the only accurate, unbiased statistic which matters. It is their total liability.”

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