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close Limited (Appellant) v Ronald Huzar (Respondent)
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1 User Commentary

Melanie Davidson (In-house lawyer) 24 September 2015

Case Digest

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Whether compensation should have been paid on the basis of the "extraordinary" nature of technical problems on a flight and how long the limitation period for such a claim should be

The cases of Limited (Appellant) v Huzar (Respondent) and Thomson Airways Limited (Appellant) v Dawson (Respondent) [2014] EWCA Civ 791 and [2014] EWCA Civ 845 were considered by the Supreme Court on 31st October 2014.

Facts: The appellants sought permission to appeal two Court of Appeal judgments in which it was argued that firstly technical problems were so “extraordinary” in nature that they justified not paying compensation to passengers where their flights had been seriously delayed, and secondly that the limitation for such a claim was two years rather than six.

Refusing to grant permission in both appeals, the Supreme Court stated that the application on the limitation point did not contain an arguable point of law. In respect of the application on the technical issues point, this was now a settled matter of law on the basis of the CJEU’s existing case law and the matter was not one of general public importance.


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