In short: For connecting flights on one booking from the UK, delay is measured at the final destination, even when a non-EU airline flies the later leg outside the EU.
| Case | Gahan v Emirates; Buckley and Others v Emirates (Civil Aviation Authority and IATA intervening) |
|---|---|
| Citation | [2017] EWCA Civ 1530 |
| Court | Court of Appeal (England and Wales) |
| Date | |
| Full text | The National Archives – Find Case Law |
The facts
Miss Gahan booked Emirates from Manchester to Bangkok via Dubai. Her Manchester–Dubai flight arrived 3 hours 56 minutes late, she missed her connection and reached Bangkok 13 hours 37 minutes late. Emirates offered €300 based on the first flight only, and the district judge in Liverpool County Court agreed.
The Buckley family booked Emirates from Manchester to Sydney via Dubai. Their first flight was 2 hours 4 minutes late, leaving them only 46 minutes in Dubai; they were rebooked on a flight the next day and reached Sydney after a further delay of 16 hours 39 minutes. A different district judge in the same court found in their favour. The CAA and IATA intervened in the joint appeal.
The question
Can a passenger claim compensation from a non-EU airline for delay at a final destination outside the EU, when the delay arises on a connecting flight that starts and ends outside the EU?
What the court decided
- The Court of Appeal (Lady Justice Arden, with Lord Justice Lewison and Lord Justice McCombe agreeing) allowed Miss Gahan’s appeal and dismissed Emirates’ appeal.
- What counts is the delay in reaching the final destination: directly connecting flights on one booking are taken together, as established by Sturgeon and Folkerts.
- The regulation applies to a non-EU airline’s flights departing from an EU airport, even if the connecting flight lands outside the EU. And, following Dawson, the Montreal Convention does not exclude the claim.
Summarised from the judgment. The exact wording is in the full text.
What it means for you
If you fly from a UK airport on one booking with a connection abroad – via Dubai, Doha or Istanbul, for example – your delay is measured at your final destination, whichever airline you fly.
The judgment applied EU law before Brexit. It remains a Court of Appeal decision that county courts in England and Wales follow.
Read more: Missed connection compensation · Flight delay compensation · UK261 explained.
Status in the UK
A decision of the Court of Appeal of England and Wales. It binds the county courts in England and Wales, where most passenger claims are heard. Courts in Scotland and Northern Ireland are not bound by it, but may treat it as persuasive.
How EU rulings apply after Brexit is explained on our case-law overview.
This is a plain-English summary written by our editorial team, not legal advice. Judgments turn on their facts, and later rulings can refine them. Before relying on a case in a dispute, read the full judgment or get advice.
Related cases
- LE v TAP – Unruly passengers, knock-on delays and re-routing
- Wegener v Royal Air Maroc – EU departures with a non-EU stopover are covered all the way
- Folkerts – Connecting flights: delay is measured at the final destination
- LOT v Budapest Government Office – Enforcement bodies may order airlines to pay
- Moens v Ryanair – Runway closed by a fuel spill is extraordinary
- Germanwings v Pauels – Runway debris damaging a tyre is extraordinary
Sources
- Gahan v Emirates [2017] EWCA Civ 1530 (judgment of 12 October 2017) – The National Archives – Find Case Law
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