Claiming compensation from Ryanair will be EVEN harder after judge bans the use of no-win, no-fee lawyers
Passengers in the UK must now deal with Ryanair directly – or go to court in Ireland to claim cash for delayed flights
GETTING compensation from RYANAIR could be harder after a legal ruling this week.
A judge has ruled British customers cannot use no-win, no-fee lawyers to help them get compensation for problems and delays.
Passengers in the UK must now deal with Ryanair directly – or go to court in Ireland.
The Dublin-based airline claimed the move would protect passengers from “ambulance chaser” lawyers who take up to 50 per cent of payouts in commission.
But critics said airlines often refused to pay out until lawyers got involved and British passengers could be left with nowhere to turn.
The landmark ruling was made this week at Liverpool County Court.
Lawyers representing Ryanair passenger Amelia Menditta, who was claiming for a delay from 2015, argued that the case should be heard in the UK.
But Judge Graham Wood QC ruled in favour of Ryanair, whose terms and conditions state any legal dispute involving claims firms must be decided by the Irish courts.
Ryanair said the move would protect customers from no win, no fee lawyers who can charge high levels of commission.
It said customers could receive compensation by lodging complaints through its website. If that failed, they could appeal through British courts – as long as they did not use a claims lawyer.
But law firm Hughes Walker, which is representing Ms Menditta, said airlines often dodged paying compensation that was due.
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A spokesman said: “Ryanair initially failed to pay the compensation it owed to Miss Menditta despite having no valid defence and it also denied valid claims by other passengers on the same flight.
“It is only through the dedicated work of solicitors that airlines pay flight delay compensation at all, and for years airlines routinely denied such claims.”
The law firm is now considering whether to appeal the ruling.
When are you due flight compensation?
IF you fly from or to a European airport, or with an EU-based airline such as Ryanair or British Airways, you can claim compensation for delays of three hours or more under EU law. Your right to compensation will be calculated based on the length of time your flight is delayed, and the distance you were due to travel.
For delays of three hours or more on short-haul flights, you would be owed €250 (£211), and on long-haul flights you would be owed €400 (£337). For delays of four hours or more you can get up to €600 (£506).
If you are delayed for two hours you won't get compensation but you have a right to free food and drink, phones calls and accommodation if you are delayed overnight. Airlines are not legally obliged to compensate customers for delays or cancellations in instances where the flight was cancelled due to reasons beyond the airlines control, such as a volcanic eruption, a strike or extreme weather.
This case is the latest in a series of legal challenges airlines have mounted against EU rules which require them to compensate passengers for significant delays, cancellations and over-booking.
In 2015, the Civil Aviation Authority began action against Ryanair to force it to pay compensation to thousands of delayed passengers after a European court judgment.
James Walker, founder of consumer complaint handling service Resolver, said: “Do not waste your money with claims management company or legal firm, use free tools to help you raise your issue and remember if unresolved you can go to an independent dispute services.”
Ryanair’s Kenny Jacobs said: “We welcome this County Court ruling upholding Ryanair’s jurisdiction clause which prevents “claims chaser” firms deliberately and needlessly dragging consumers through the courts so they can grab up to 50 per cent of customer’s compensation, for providing no useful service.
As the most reliable airline in Europe, Ryanair has the most on-time flights and the fewest cancellations, and in the rare event of delays or cancellations, we comply fully with all EU261 legislation.
"Where customers have a valid claim for compensation they can make their claim directly on the Ryanair.com website, and avoid these “claims chasers” deductions.
These 'ambulance chasers' of the aviation industry are misleading customers, forcing them to sign liens and taking them through the courts so they can feather their own nests, and then charging up to 50 per cent of the compensation due for simply submitting a claim that can be made free of charge on the Ryanair.com website.
"We call on the CMA to enforce better regulation and we urge customers with valid claims to avoid being ripped off by these anti-consumer practices, by simply submitting their claims directly on the Ryanair.com website.”