Permission to appeal applications

Jet2 v Huzar; Thomson v Dawson: permission to appeal applications

9 September 2014

We have received a number of queries about these two appeals.

On 8 July 2014, Jet2 lodged an application for permission to appeal the Court of Appeal's judgment in Jet2 v Huzar, which found in favour of a passenger on the question of the meaning of "extraordinary circumstances" in the context of airlines' liability for delay compensation claims. On 14 July 2014 Thomson Airways applied for permission to appeal a separate Court of Appeal judgment in a case relating to similar issues, Dawson v Thomson Airlines.

The airlines' applications will now be considered by a panel of three Supreme Court Justices on the basis of written submissions from the various parties. The panel will reach a decision on whether the linked appeals should proceed to a full hearing. It is anticipated that this decision will be made by early November 2014.

If permission is granted, there will then be a full hearing at the Supreme Court, probably sometime during the first half of 2015. The Court's judgment would then follow a few weeks after the hearing.

The decision on whether or not Jet2 and Thomson are granted permission to appeal will be published prominently on our website and via the Supreme Court's Twitter feed.

We are unable to provide advice on individual compensation claims or further commentary on previous court decisions about air travel delay compensation, though those wishing to pursue a claim may find this advice note from the CAA helpful.