Lewis v Thomas Cook

May 19, 2016

Holidaymakers whose plane was impounded by authorities for two days have successfully appealed a decision not to grant them compensation.

The passengers were on holiday in Mexico when the authorities impounded their plane over a disputed fee. The airline was actually in credit but its efforts to pay the alleged shortfall were ignored, meaning the tour operator couldn’t fly the plane for two days.

The passengers were given luxury accommodation but were later told they were not entitled to flight delay compensation as the event was an “extraordinary circumstance”. However, last week HHJ Main QC ruled in their favour on appeal. Between the 41 Claimants, the damages and costs came to over £22,000.

Jessica Wilson-Theaker represented the Claimants at first instance and Simon Murray represented them at appeal. Both were instructed by Bott & Co.

The case was covered in the Daily Mirror and the Mail Online.