Airlines and passengers will have to wait weeks and maybe months before they know the outcome of a legal case that could open a flood gate of compensation claims.
Earlier this week, a Court of Appeal heard an appeal by Thomson Airways against a county court decision which forced it to pay compensation to a passenger who complained of a flight delay six years after the incident.
The passenger made the claim under the European Union flight compensation rule 261, which doesn’t state how far back claims can go.
But the airline is arguing that all international flights are governed by the Montreal Convention 1999 which imposes a two-year limit for claims.
If Thomson fails, lawyers say the case will open the flood gates to millions of passengers who are entitled to claim up to £4 billion in compensation from airlines for delays going back to 2008.
According to Bott & Co, the law firm acting for the passenger, the two-day hearing this week concluded with the judges calling it an "interesting and taxing" case.
"The three judges said they will take their time to consider the judgement given the complex nature and significant impact of the decision. And the final ruling is expected to be handed down in the usual way," said a spokeswoman.
She said this week’s court proceedings focused on whether the European Court of Justice is entitled to comment on the scope of the Montreal convention and is the Court of Appeal bound by those previous decisions.
"If they are, then the passengers will succeed and if not then the airlines will succeed," she said.
Bott & Co anticipates a time scale of 6-8 weeks for a decision.
The complexities of the case are further explained by the firm’s technical legal manager Coby Benson in a summary on its website.
