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Landmark court ruling opens door to 100,000s of 'crew sickness' flight compensation claims – here's what you need to know

A BA Cityfler aeroplane stationary at an airport
Laura Foulger
Laura Foulger
Features Writer
12 July 2024

If your flight was delayed or cancelled in the past six years due to pilot or crew sickness, you're now much more likely to be able to claim compensation of up to £520 per person. This comes after a major court ruling opened the door for potentially 100,000s of complaints – including some that have previously been rejected. Here's what you need to know.

This case covers claims relating to crew sickness

The case was brought by a couple whose BA CityFlyer flight from Milan to London was cancelled shortly before departure due to the pilot being sick. It left the pair taking another flight and arriving at their destination two hours and 36 minutes later than planned. This made them eligible for £220 each in compensation – though BA CityFlyer refused, arguing that pilot sickness was outside of the airline's control.

So, the couple took BA CityFlyer, which is part of British Airways, to court. The case has now made its way up to the Supreme Court where decisions are final, which means they can't be further challenged or appealed. 

The Supreme Court has ruled in favour of the passengers, stating that "staff illness... is a commonplace for any business" and that "the non-attendance of the captain due to illness... could in no way be categorised as extraordinary".

When we asked British Airways to comment, it told us: "We are disappointed with this decision and respect the judgment of the Court."

Confirmation of the law means 100,000s may now be able to claim

While this court ruling is about one couple's claim, many similar complaints were put on hold pending the decision. As the judgement has confirmed the law, it means these complaints can now go ahead, so contact your airline, alternative dispute resolution (ADR) scheme or court to restart them.

It also means people whose complaints on this issue were wrongly rejected – whether by an airline or by an ADR scheme – can now resubmit them. However, those whose cases have already been rejected by a court can't resubmit their complaint, as the court's decision is final.

The Supreme Court said this decision has the potential to affect tens of thousands of claims each year as it means future complaints should now follow this ruling too.

Aviation regulator, the Civil Aviation Authority (CAA), said: "We expect every airline that has refused claims due to staff illness, or placed them on hold pending the outcome of the appeal to the Supreme Court, to now pay the compensation owed to passengers. We also expect airlines to apply our interpretation to both existing claims and future disruptions."

Solicitors firm and flight claims specialist Bott & Co added: "Airlines will no longer fob off passengers disrupted with crew sickness and they should be compensated promptly."

Your flight cancellation rights explained

When a UK/EU flight is cancelled, you're entitled to an alternative flight or a full refund. However, under EC Regulation 261/2004, which has been retained in UK law following Brexit, airlines must also compensate passengers up to £520 per person if:

  • Their flight was scheduled to fly in the past six years (five years in Scotland).

  • Their flight was cancelled less than 14 days before departure.

  • The reason for the cancellation was the airline's fault and NOT an "extraordinary circumstance". 

  • The rescheduled flight (whether you boarded it or not) departed earlier or arrived at your destination later than scheduled – the exact time limits, and how much you get, varies by flight distance and how many days before departure you were told about the cancellation. 

Similar rules also apply to flight delays, though there are some differences.  

In both scenarios you need to claim directly through the airline. Their systems vary; whether that's an email or an online form, so check the details. We've template complaint letters you can use to help. Alternatively, you can use the Resolver tool, though be aware that not every airline accepts claims made this way.

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