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James Dove took Iberia, the Spanish Airline, to court after being forced to repurchase a return flight after missing his outbound flight.

29 June 2017


In allowing James’s claim Deputy District Judge Case, sitting at Mayor’s and City of London County Court, accepted that Iberia could cancel the return flight, but ruled that they could not then keep the return airfare, thus overruling the terms and conditions relied upon not just by Iberia but by the airline industry as a whole.

 

Media interest has been aroused because the potential repercussions of this judgment are huge as the legislation that James relied upon, the Consumer Rights Act 2015, is based on a European Directive that is implemented into the national laws of all European Union member states.

 

During an interview on Radio 4 (see link below) the question was posed ‘Why hasn’t the Civil Aviation Authority acted on this before?’ Simon Calder, Senior Travel Editor for The Independent responded ‘Well, until that excellent lawyer came along nobody had asked the question.’

 

James represented himself against Max Davidson of Quadrant Chambers.

 

A link to the judgment can be found here.

 

See below for links to press coverage.

 

http://www.independent.co.uk/travel/news-and-advice/airlines-passengers-refund-cancel-ticket-court-rules-james-dove-iberia-lawsuit-london-madrid-a7810586.html

 

http://www.telegraph.co.uk/travel/news/court-rules-airlines-must-refund-return-miss-flight-cancelled/

 

http://www.bbc.co.uk/programmes/b08vwn3k#play (James’s interview starts one minute in from the start of the programme)

 

https://article.wn.com/view/2017/06/28/Airlines_must_refund_return_fare_when_passengers_miss_outbou/

 

http://uk.news.atalanta.hu/articles/airlines-must-refund-return-fare-when-passengers-miss-outbound-flight-court-rules

 

http://enews.shafaqna.com/EN/AL/3071054

 

https://www.thesun.co.uk/travel/3909170/passengers-who-miss-an-outbound-flight-can-now-claim-a-refund-if-the-airline-then-cancels-their-return-ticket/

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