In these days of busy skies and unhappy cabin crew you may be pleased to know that EU rules from the European Commission came into force in 2005 to provide compensation to air passengers unable to board flights due to overbooking, cancellations or flight delays.

They apply to all EU-based airlines and operators of flights which take off from the EU. Awards of between £173 and £415 are possible for flight delays. British travelers can complain to The Air Transport Users' Council (‘AUC’).

In Ross v Ryanair Ltd & Anor (2004) Mr Ross was travelling with Ryanair and was charged £18 at Stansted Airport to use a wheelchair to reach the plane. The Court of Appeal upheld an award of £1,336 in damages (£1,000 of which was for injury to feelings) because the charge amounted to disability discrimination.

Furthermore, the Package Travel Holidays and Tour Regulations 1992 provide vital rights to consumers. It is possible to sue a tour operator, for example, in the UK and claim damages in English Courts to receive adequate compensation for injuries suffered abroad.

A bad holiday experience may lead to a refund, but Jackson v Horizon Holidays Ltd (1974) and Jarvis v Swan Tours (1973) also make it possible to claim damages for mental distress, inconvenience and disappointment. Also, both ABTA and the Association of Independent Tour Operators offer remedies to dissatisfied customers.

If you have a potential claim in relation to any of the above, a litigation solicitor could help. Litigation specialists are trained to advise on whether it is worthwhile to pursue a particular case, be it a bad holiday experience, personal injury or consumer problem.

A solicitor will often give a preliminary opinion at no cost to you and can draft an initial letter for a fixed fee which may lead to an early settlement. Under the Civil Procedure Rules 1998 all lawyers are required to follow a pre-action protocol before issuing proceedings. A letter must be sent to the opponent explaining the problem and what is claimed. These principles will apply equally to other common litigation areas encountered in your private and business lives. For further information please do not hesitate to contact paul.stevens@jsm.co.uk or visit our website www.jsm.co.uk or telephone your local Jackaman Smith & Mulley office.