Sitting at the Uxbridge County Court District Judge Ahmed has ordered Lufthansa to pay compensation to our Client Ms Ptichkina. Our Client was travelling from St Petersburg to London Heathrow via Munich in September 2019. Her first flight was delayed by over 4 hours causing her to miss her connecting flight resulting in a total delay of over 6 hours.
Our Client instructed Hayward Baker to bring a claim for compensation under EC Regulation 261/2004. As is so often the case Lufthansa regrettably denied the claim and did not give any reason for the delay simply stating that the flight was delayed due to “extraordinary circumstances” without any details as to what those circumstances amounted to.
Court action was taken against Lufthansa and they instructed solicitors to defend the claim finally stating that a suspected lightning strike was to blame on previous rotation which had a knock on effect to our Client’s flight as mandatory inspections were required.
The claim proceeded all the way to a final trial.
In his ruling at a paper hearing DJ Ahmed said:
“I am not satisfied that the lightning strike itself or the mandatory safety check amount to an extraordinary circumstance. A lightning strike is not exceptional. Such strikes occur in the normal exercise of an air carrier’s activity. The lightning strike necessitated the aircraft having to undergo a mandatory safety check. Again, this is part and parcel of the air carrier’s normal activity.”
The Court awarded our Client £341.77 in compensation.
Free Eligibility Check
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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