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(Transportation-News.com, June 26, 2015 ) Manchester, The UK (Clear Law Solicitors) 9 June 2015 -- Clear Law were instructed on behalf of Mr Stuart Rose and his family and friends, after their holiday was severely disrupted by EasyJet's cancellation advice the day before they were due to fly back to Liverpool.
Mr Rose received an email from EasyJet on the 28th of September 2010 whilst out on holiday. This email was to confirm that their flight on the 29th of September 2010 was going to be cancelled as the Spanish Air Traffic workers were planning on striking the following day.
Mr Rose waited until 29 September 2010 to rearrange their flights, but once again EasyJet confirmed that their flight was cancelled and not to go to the airport. As a result, they were forced to pay for several further days accommodation at the last minute, and eventually were transferred on to flights to Bristol and Edinburgh that departed a few days later.
To their great annoyance and financial inconvenience, their flight was never in fact cancelled and departed on time. Despite confirming both by telephone and email that the flight was cancelled, when Mr Rose tried to claim compensation from EasyJet for their troubles, the airline denied any responsibility and defended the claim all the way to a final hearing on the grounds that they were not entitled to recover any compensation since their flight was not cancelled.
Mr Rose and his family and friends instructed Clear Law Solicitors, who attempted to settle the claim quickly and amicably without the need to issue court proceedings, however EasyJet maintained their denial of liability, and the claim was therefore pursued through the courts until a final hearing in Liverpool County Court on 28 May 2015.
The law in relation to passengers' rights under (EC) Regulation 261/2004 is relatively new, and Judges are usually reluctant to hand down full Judgments since most claims are fact specific to those passengers and the Judgment carries no precedent value.
Nonetheless District Judge Jenkinson - who is very familiar with (EC) Regulation 261/2004 having earlier this year passed judgment in the much anticipated "test case", 'Allen v Jet2.com Limited' - confirmed that where airlines inform passengers that their flight is going to be cancelled, whether or not the flight actually departs, it is to be treated as a 'cancelled flight' under Article 7 of the Regulation, and passengers are entitled to recover fixed compensation.
Ben Dougal, a solicitor at Clear Law, commented: "Whilst this scenario is not expressly provided for in the EC Regulation, we are instructed to act for many passengers who have suffered in a similar fashion. The one commonality is that in each case our clients were put to great trouble, and often personal cost, by the actions of the airlines.
"The EC Regulation is intended to protect the consumer rights of passengers and is abundantly clear that passengers should receive a modest compensation sum if they are inconvenienced by cancellations or lengthy delays.
"Sadly, all too often the airlines refuse to pay this compensation, or ignore the requests altogether, which in turn leads to unnecessary and avoidable court proceedings. I am not aware of any other reported cases dealing with this scenario, however it is hoped this Judgment will help other passengers in the future."
Ben Dougal is a specialist solicitor who deals with Commercial and Financial Services Litigation, including flight delay and cancellation claims at Clear Law.
About Clear Law Solicitors:
Clear Law specialises in many types of personal injuries, various accident claims, medical negligence, flight delays, housing disrepair and financial mis-selling. The law firm prides itself with its Plain English Accreditation and 'No Win, No Fee' agreement. Clear Law was established in 2005, and currently operates from its headquarters in Manchester with over 70 employees.
Clear Law Solicitors
Clear Law Solicitors
0808 163 4484
hello@clearlawonline.co.uk
Source: EmailWire.Com 
Source: EmailWire.com
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