Ryanair to insist compensation claims go through Irish courts

In April, lawyers for the Dublin-based firm will tell Liverpool County Court that its terms and conditions clearly state disputes must be settled in the Irish courts.

However, solicitors specialising in flight delays say that position represents a threat to EU rules that govern compensation claims.

European Commission Regulation EC 261/2004 provides for compensation of up to €600 in the event of denied boarding, flight cancellations, or long delays of flights.

Nicholas Parkinson, panel solicitor for FlightDelays.co.uk, who brought the claim in question, said: “If passengers were only able to bring a claim using Irish solicitors in the Irish courts, the vast majority of passengers living outside the Republic of Ireland will probably not bother to bring a claim at all – especially bearing in mind that most claims against Ryanair are only worth between £210 and £350.

“To our knowledge no other reputable airlines have a similar clause in their terms and conditions or, if there are, they do not attempt to rely on this clause.”

Kevin Clarke, a flight delay lawyer at Bott & Co Solicitors, told The Guardian: “If Ryanair were to win, this could allow all airlines to select any country within which passengers must bring their claim.

“There would be nothing stopping UK airlines from stipulating the country in which court proceedings must be commenced in their terms and conditions – meaning UK passengers would need to find a solicitor in Lithuania or Lebanon, or wherever else the airline chooses.”