Tuesday 16th November 2021
The Claimant (C) appeals the Order of HHJ Berkley, sitting in Winchester County Court on a Portsmouth County Court case, dated 27 January 2021, allowing the Defendant’s appeal against the decision of DDJ Sanderson dated 10 August 2020.
Flight compensation delay claim pursuant to EU Regulation 261/2004 said to continue to apply as Retained EU law by virtue of s3 of the European Union (Withdrawal) Act 2018.
The C was booked to travel from Missouri US to Bengaluru in India. The first two legs of the journey were flown by Delta Airlines, the second two legs, from London to Mumbai and from Mumbai to Bengaluru were flown by Air India Ltd. The flight from London was delayed, so the C suffered more than 4 hours delay in arrival to her final destination.
DDJ Sanderson gave judgment for C on the basis that the two sets of flights were separate as they were operated by separate airlines and the C was requested to reclaim her luggage and take it to the check in point to fly out of London.