Our Client had a flight from Zurich to London City Airport on 16 January 2020 with Swiss International Airlines. The flight was supposed to arrive into London at 19:45 but was cancelled.
Our Client sought compensation of 250 euros and our Client instructed Hayward Baker to bring the claim on his behalf after unsuccessfully trying previously to obtain the compensation. We wrote to the airline 3 times in early 2020 but the airline refused to respond and so Court action was taken in February 2020.
The airline appointed solicitors to defend the claim. The defence sought to argue that the flight was cancelled due to “extraordinary circumstances” present at London City Airport. Namely that there were severe cross winds which meant that the flight could not operate as scheduled.
We prepared evidence showing that the only flight affected by these cross winds was the flight operated by Swiss International. All other flights that evening operated largely without any delay and that there was no real evidence from the Defendant that the flight had to be cancelled at all.
At trial the Judge agreed with us and found that based on the evidence before him the decision to cancel the flight was likely an “operational decision” rather an event that could be deemed “extraordinary”.
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If your flight has been disrupted due to a delay or cancellation you may have the potential to make a claim under the EU Regulation 261/2004 for compensation. This could be upto €600 per person. Contact Hayward Baker on 01329 227 983 or complete our On-Line Form today to discuss the potential for a claim.
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