Archive for the ‘Litigation’ Category

Litigation v/s Arbitration – what does this mean for your business?

Tuesday, August 1st, 2017

In 2011, Suzuki Motor Corporation commenced arbitration proceedings in London with the ICC International Court of Arbitration, in order to compel Volkswagen AG to dispose of its Suzuki shares to Suzuki or Suzuki’s designated third party. It was only last year that Suzuki and Volkswagen finally came to a settlement after working its way through the International Court of Arbitration in London (ICC).

The companies originally believed their strategic partnership would advance their global presence and spur the development of new, eco-efficient vehicles and engines. However, in less than two years, Suzuki cancelled the agreement and initiated arbitration proceedings, claiming Volkswagen AG did not treat it fairly as they did not allow Suzuki access to its core technology. However, Volkswagen accused Suzuki of doing deals with its European competitor Fiat, in breach of their agreement.

In the final settlement to end the companies’ dispute with each other, Suzuki agreed to pay Volkswagen AG an undisclosed amount for various breaches. The ICC panel also ordered Volkswagen AG to sell its stake in Suzuki. As predicted, due to the confidential nature of arbitration, Suzuki have not disclosed the settlement sum.

What is Arbitration?

Arbitration is an alternative to litigation as a means of resolving disputes. It is based on all parties’ agreement where all parties must agree to submit the dispute in question to arbitration and abide by the decision. Like a judgment, the decision of an arbitral tribunal is final and binding. However, arbitration differs fundamentally from litigation in the following ways:

Contractual basis – Apart from statutory arbitration, the basis of arbitration is contract. The rights and obligations of the parties to arbitrate their dispute arise from the arbitration agreement they have agreed.

Jurisdiction – The parties usually choose where the arbitration is to take place, that is in which country.

Procedure – In contrast to the appointment of a judge to preside over court proceedings, the parties to an arbitration are able to agree the procedure for selecting their arbitral tribunal. It is therefore possible, where the dispute is of a technical nature for example, for parties to appoint a tribunal with a high level of expertise in the area. Establishing the identity of the arbitral tribunal early on also allows parties to submit evidence to the arbitrators who may then identify key issues in the dispute as early as possible, whereas a judge will usually be assigned later in the proceedings or a day prior to the Trial

Confidentiality – Arbitration may be preferable where the parties wish for matters to remain confidential. Hearings are usually held in private and the fact that a party is involved in arbitral proceedings is not usually in the public domain. Furthermore, English law recognises an implied duty of confidentiality preventing disclosure of the documents produced in arbitration.

Finality – Whereas a court judgment will often be subject to appeals, national legislation typically only allows for appeal of arbitral awards in very limited circumstances. These high thresholds mean that in most cases the initial award will be final. This may appeal to parties who are seeking a definitive result and do not want the dispute to be ongoing. However, this of course works both ways and parties who do not achieve the award they were hoping for will only have a limited right to appeal.

Enforcement of awards – Decisions of an arbitral tribunal are widely enforceable abroad by virtue of several conventions, in particular the New York Convention. Other forms of alternative dispute resolution (such as mediation) are non-binding and depend on the parties concluding a settlement agreement

Bloomsbury Law- Arbitration Services

London has become one of the world’s most popular international arbitration centres in recent years. Therefore, access to high-quality advice and representation for parties involved in arbitration matters in London is crucial.

At Bloomsbury Law, our lawyers have experience of not only the substantive law relating to international arbitration but also the effective and efficient conduct of arbitral proceedings.

Our team works with clients to design and implement a process tailor-made for the circumstances of each case we handle, from the selection of arbitrators with appropriate experience, expertise, and availability, to the adoption of a bespoke procedural timetable focused on the earliest available hearing window.

Our philosophy is that arbitration, as an alternative to court proceedings, should be conducted by all participants in a way designed to ensure a swift and certain outcome, particularly in high-value, commercially sensitive matters where the resolution of the dispute is of critical importance to the parties.

Examples of recent cases include:

  • Acting for a luxury goods manufacturer in ICC arbitration proceedings arising out of the termination of a Distribution Agreement in Eastern Europe.
  • Acting for a leading telecommunications technology provider in ICC arbitration proceedings to defend a multi-million-dollar claim for breach of contract under Korean law.
  • Acting for a multi-national joint venture in disputes relating to the damage of air freight goods incorporating the ICC arbitration rules.
  • Acting for a UK train operator in a successful appeal from arbitration to the High Court in respect of the operation of an industry compensation scheme for delays.
  • Acting in a complex international dispute between Saudi and Taiwanese companies relating to termination and good faith provisions.
  • Claim in the English Courts to challenge an arbitration award on grounds of serious irregularity and error of law.

Areas of Expertise

Our Litigation Department has the ability and resources to handle all types of disputes but is particularly active in the following areas:

Contact us

Our Commercial Litigation and Dispute Resolution team is headed by Jamil Ahmud and Nisha Chopra.

Jamil Ahmud is a Partner and lawyer of Bloomsbury Law who acts for a broad range of clients including institutions, individuals, developers, entrepreneurs, investors and private companies and has acquired a reputation as a tough but sensible litigator.

Nisha Chopra is a lawyer of Bloomsbury Law who advises and represents individuals and companies in respect of all aspects of litigation. She handles a wide variety of corporate and commercial contractual disputes, shareholder disputescivil fraud matters and tortious clams. She also has considerable experience drafting and negotiating commercial contracts and advising on all aspects of intellectual property law.

If you would like more information, or you feel that you have a strong claim that you would like to pursue, please get in contact with Jamil Ahmud or Nisha Chopra  on 0207 998 7777.

Litigation Services

The Rise of Intellectual Property Disputes

Monday, July 3rd, 2017

The digital arena poses numerous issues for entrepreneurs and protection of their innovations and ideas. Globalisation and the speed that the information is published over the Internet helps to spread ideas worldwide within minutes. However, it also poses a serious threat to the rights of inventors. In the world of social media, we need to be aware that uploading photos, pictures designs, music, or videos, may compromise valuable intellectual property rights. Once they are uploaded, the rights to them are no longer our own. Therefore, not only do large organisations need to protect their intellectual property rights, but business of all sizes must develop such rights, which may be very valuable in years to come and steps to protect those rights should be taken at the earliest opportunity.

By way of an example, James Dyson invented the world’s, first cyclonic vacuum and straight away applied for a patent covering his invention. He then went on to license his invention to Amway, however, the licence was terminated after Amway claimed the vacuum did not work. Amway then started selling the vacuum machine without Mr Dyson’s permission. Mr Dyson sued Amway for patent infringement and breach of confidence. The damages awarded allowed him to set up his own company producing the first Dyson branded vacuum cleaners. Thus, if it were not for his IP protection through registration, Amway would have gone on to dominate the vacuum machine market without any substantive financial benefit to Mr Dyson. As it currently stands, James Dyson’s invention led him to the Dyson company which is today worth over £7.8 billion.

Here at Bloomsbury Law, our team have years of experience helping clients protect, manage, exploit, enforce and defend their intellectual property rights. We always take current industry trends into consideration and advise our clients accordingly. Our experience covers the entire spectrum of intellectual property law and practice and include the following:

  • Anti-counterfeiting – which prevents your competitors from imitating your brands, products and designs.
  • Copyright and database rights – our experts can help across a range of areas, including disputes and litigation, commercial transactions, general clearance and advisory work, intellectual property rights audits and chain of title research.
  • Design rights – helping you to protect your creative investment and negotiate the complex legal maze.
  • Know how, trade secrets and confidential information – through commercial agreements and litigation measures we can help you protect and exploit these valuable assets.
  • Patent litigation – from multi-million pound patent claims in the High Court to more modest, but vital patent claims in the Intellectual Property Enterprise Court, our team has the skills and experience to manage all forms of patent litigation.
  • Trademarks and brands – we can advise you across the whole spectrum of trade mark rights and related rights (such as passing off), including: clearance searches, protection and registerability issues, co-ordination and management of trade mark filings, branding and franchise agreements, disputes and litigation.
  • Domain name law – our lawyers have successfully acted both for those bringing and defending domain name proceedings.

Bloomsbury Law has extensive experience in dealing with all kinds of intellectual property disputes; using all forms of dispute resolution and arbitration both nationally and internationally.

Examples of IP disputes the team have dealt with include:

  • Acting and advising numerous branded soft drinks companies to pursue claims against copied versions.
  • Acting for a well-known film producer in defending copyright infringement claim in the High Court.
  • Acting for a well-known greetings card manufacturer against a direct competitor in a claim for copyright infringement of various designs for greeting cards.
  • Advising a company on the suspension of a rival Facebook account that was making unauthorised use of the client’s copyright materials.
  • Advising various clients (particular in the recruitment industry) on breach of confidence, infringement of database rights and breach of restrictive covenant issues relating to ex-employees.

If you would like more information, or you feel that you have a strong claim that you would like to pursue, please get in contact with Jamil Ahmud or Nisha Chopra  on 0207 998 7777.

Intellectual Property

How Will 3D Printing Affect Intellectual Property Rights?

Monday, July 3rd, 2017

There is no doubt that intellectual property right holders and businesses will face disruption as regular people gain access to powerful tools of design and production, away from regulation and control. However, whilst rights owners will be concerned about the challenges 3D printing raises, as is often the case, with new technology and development comes new opportunities.

3D printing technology has been around for a generation, but we are only now reaching the point where private individuals and businesses can buy 3D printers at affordable prices. Consequently, as the availability of 3D printers becomes more widespread and decentralized, questions regarding the protection and enforcement of intellectual property rights such as designs, copyright, patents and trademarks, will inevitably arise.

What is 3D printing?

The fundamental concept is that the creation of 3D printed objects is achieved using additive processes, by laying down successive layers of material until the entire object is created. The process begins with making a virtual design of the object you wish to create. This virtual design is then made in a CAD (Computer Aided Design) file using a 3D modeling program for the creation of a new object. Alternatively, to copy an existing object this can be done with the use of a 3D scanner; the scanner makes a 3D digital copy of the object and puts it into a 3D modeling program.

Businesses are also beginning to embrace this new technology. Ryman, the stationery and printing shop now offer 3D printing services, such as the ‘selfie service’ which scans customers and provides them with a mini model of themselves for the price of £50.

Here are the fundamental challenges 3D printing may pose for each particular right, as well as highlighting who may find themselves responsible for infringement:

Patents

Patents are monopoly rights granted by the Government to protect inventions. If a patent is granted, the inventor gets a monopoly over use of his/her invention for generally 20 years. In order for an invention to be patentable it must satisfy certain conditions; it must be new, constitute an inventive step and be capable of industrial application and not fall within any of the exclusions set out in the Act.

Who can find themselves responsible for infringement?

Unauthorised commercial production of patented products by 3D printing would constitute an act of patent infringement by the user of the printer. However, it has been highlighted that patentees may be reluctant to sue the end-users of their products, which is something right holders would need to carefully weigh up and consider before starting legal proceedings. There is a statutory exemption for private, non-commercial acts which will apply to patented products that are produced by users at home for personal use. It is important to note that although many patents are for complex inventions, there are some simple patented products which can be produced by 3D printers at home, such as hearing aids.

Copyright

Copyright protects the physical expression of ideas and arises automatically at the point of creation; there is no need for registration. The downside of such informal creation of copyright in a piece of creative work is that it is very easy for individuals to use elements of other peoples copyright material in creating their own new work without even realising.

Who can find themselves responsible for infringement?

Copyright gives the owner the exclusive right to copy, publish or show their work in public. Thus, if anyone else does any of those things within the UK without permission or a defence, this is likely to be considered infringement. There are two types of infringement; primary and secondary. The primary infringer is liable regardless of his state of mind, whereas the secondary infringer is liable only if knew or had reason to believe he was dealing with an infringing copy.

Design Rights

A registered design is a legal right which protects the overall visual appearance of a product in the geographical area in which it is registered. The visual features that form the design include such things as the lines, contours, colours, shape, texture, materials and the ornamentation of the product which, when applied to the product, give it a unique appearance. A registered design must be ‘new’ and have ‘individual character.’

Who can find themselves responsible for infringement?

Infringement of a registered design occurs where, without permission from the registered proprietor, a product in which the design is incorporated or to which it is applied is made, offered, put on the market, imported, exported or used or where such a product is stocked for those purposes. Thus, commercial reproduction using 3D printers would amount to design right infringement. However, there is an exception to infringement of registered design right for an act which is done privately and for purposes which are not commercial. It is also important to note that knowledge or intention is not required for infringement. The fact the right has been registered gives notice to all, regardless of knowledge.

Trademarks

A trademark is a badge of identification of the trade origin of goods or services from a particular supplier. The trademark can be, for example, words, logos or a combination of both and distinguishes particular goods and services from those of competitors. There are many advantages of registering a trademark, such as the period of protection given by registration is potentially unlimited and the scope of protection is equivalent to an exclusive right to use the mark in trade for most commercial purposes permitted by the particular registration. Furthermore, it is much quicker, cheaper and less uncertain to sue for infringement of a trademark rather than trying to rely on a passing-off action.

Who can find themselves responsible for infringement?

Trademarks are infringed by use in the course of trade of the same mark on identical goods; infringement also arises through use of a similar mark on the same goods, or the same mark on similar goods. Trademarks traditionally took the form of distinctive words or graphical devices, but more recently their definition has broadened to include shapes and combinations of colours.

Other legal implications

It is fair to state that a global online marketplace for designs will encourage increased competition amongst the designers of goods. However, the problem that comes with this is the potential for anti-competitive behaviour.

Another major legal problem raised by 3D printing is that it allows consumers and businesses to produce products without consideration of governing standards, such as toy safety regulations. Moreover, the ability to print objects on demand away from external control, may lead to mass production of illegal or restricted goods such as handguns, or other weapons and banned substances.

If you would like more information, or you feel that you have a strong claim that you would like to pursue, please get in contact with Jamil Ahmud or Nisha Chopra  on 0207 998 7777.

Intellectual Property

Damages Based Agreements – An Alternative to Funding Your Claim

Friday, June 2nd, 2017

Damages Based Agreements, or DBAs, are a type of “no win, no fee” arrangement between a solicitor and client. DBAs are now permitted for commercial disputes in England since April 2013.

Under a DBA, the client agrees to pay the solicitor a percentage of the sums recovered from the losing party in a claim. The solicitor is therefore rewarded based on achieving success in the case. This is in contrast to Conditional Fee Arrangements, or CFAs, where the solicitor would calculate and charge for work carried out on an hourly basis.

If the client is unsuccessful, their solicitor will not be paid for the work carried out under the DBA. It is important to note that the client will still be potentially liable for any adverse costs, but these are mostly covered by an after the event (ATE) insurance policy.

In claims or proceedings at first instance, a DBA must not provide for a payment (including VAT) to the solicitor that is more than either of the following:

  1. 25% of the relevant “sums recovered” by the client in personal injury cases; and
  2. 50% of the “sums ultimately recovered” by the client in all other civil litigation.

 

What are the advantages of a DBA to the client?

  • Greater certainty as to how much you will pay your solicitor;
  • The client does not have to make regular or unexpected payments to his solicitor, which helps with cash flow implications of funding litigation; and
  • Mitigation of potential liability for their opponents’ costs (with the appropriate ATE insurance policy in place);

At Bloomsbury Law, we are able to consider entering into DBAs with our clients on cases within our areas of expertise where the claim is of high value (normally at least £500,000.00). It is important for us to also identify specific risk factors in your case in order to assess your prospects of success. We list below some of the factors we consider when deciding to take on a case on a DBA basis;

  • The facts of your case and the people who are likely to give evidence on your behalf;
  • The legal basis for the claim against your opponent, or the legal basis for your defence;
  • Your chances of succeeding;
  • The strength of any claims made or threatened against you by the other party;
  • The level of damages/losses that you can expect to recover from your opponent; and
  • The ability of your opponent to pay you

We believe our approach to litigation funding sets us apart from other solicitors, and we are determined to remain at the forefront in this area by assisting you where possible. If you believe you have a strong claim and are interested in funding your claim through a DBA with Bloomsbury Law, please get in contact with Jamil Ahmud or Nisha Chopra  on 0207 998 7777.

LITIGATION SERVICES

Fines For Using Mobile Phone While Driving To Double

Wednesday, March 1st, 2017

The popularity of social media has had a significant increase on our mobile phone usage and this is noticeable with increased number of road traffic offences and serious accidents occurring in the UK. Motorists often forget about the dangers that they pose while being distracted by their mobile phones and that they are a significant threat to themselves and others.

Mobile phone use while driving has been illegal since December 2003. However, the UK government has issued new harsher laws in order to tackle this problem in order to make it as socially unacceptable as drink driving. New laws on using mobile phones whilst driving came into effect on 1 March 2017. The important details that you must be aware of are:

  • Under the old rules, the penalty for using a phone whilst driving was £100. It has now been doubled to £200.
  • The points penalty have also doubled, from three to six points on the driver’s licence.
  • These changes will affect new drivers who passed their driving test less than 2 years of the offence as they will have their licences automatically revoked.
  • If a driver is caught twice and accumulates the maximum 12-points limit, the driver will automatically appear in court and face a penalty fine of £1,000 and a driving ban of at least 6 months.

It is important to bear in mind that the law applies as long as the engine of the vehicle is on. You are not allowed to use your phone while stopped in traffic, at the traffic lights or when parked and your engine is on. There is still some confusion on the usage of hands-free devices or using your phone as a navigation device whilst in a vehicle. While it is permitted to use your phone as satellite navigation, it has to be placed in a holder which is out of 45-degree angle of the driver’s view. You also cannot touch the navigation device to reprogram it whilst the engine is on. The hands-free devices are also permissible, however you cannot touch the device to answer or end the call.

One may wonder if the law on mobile phone usage changed could it potentially affect our ability to eat or smoke whilst driving? There is no such law prohibiting you from eating or smoking, however you must remember to use common sense as you still may be prosecuted if it is proven that these actions distracted you and that you were not in complete control of the vehicle which lead you to driving carelessly.

These changes to the law will no doubt act as a deterrent and will make us all drivers more aware of their behaviour whilst driving. Your safety and safety on others on the road are paramount. A call, text message or Facebook update will now have to wait until you reach your destination.

If you need advice on road traffic offences, contact us online or speak to one of our dedicated litigation lawyers on 0207 998 7777 for a free initial consultation. With our vast experience in the field, our team will work with you to ensure this process runs as smooth as possible. All information you provide us with is treated with the utmost confidentiality.

We will contact you no later than the next working day to arrange a meeting at our offices in London W1 to advise on the agreement.

Litigation Services

Other Legal Services

Flight Compensation Claims

Wednesday, February 1st, 2017

Delayed flight? Know your rights

We would have expected that the judgment of the Court of Justice of the European Union in Tui & Others v CAA, which confirmed the applicability of compensation for passengers, would make flight compensation claims a straightforward process. Unfortunately, airlines either misinform their costumers that they are not entitled to compensation or ignore their claims. As a result, thousands of passengers miss out their rightfully owed compensation.

Airline companies often use an excuse of ‘extraordinary circumstances’ such as technical issues or crew illness. Following a landmark ruling in Huzar v Jet2 such exemptions cease to be applicable and the airline is legally responsible for the delays. Consequently, in 2014 Virgin Atlantic paid out £47,000 to their passengers for a 26-hour delay.

The amount of a flight compensation claim ranges from €250 to €600 per person, depending on delay duration and distance travelled. Claims are subject to a six-year limitation period. We advise all claimants to seek advice as soon as possible and keep track of the details of their delayed journey. In the event of a cancellation or delay, the airlines are also required to provide their passengers with hotel accommodation, refreshments and reimburse any necessary expenses, therefore it is advised to keep your receipts.

Bloomsbury Law Solicitors deal with a large amount of flight compensation claims on daily basis and we understand how difficult it can be for ordinary passengers to receive their compensation. Their claims often turn into long-term legal battles and many are simply disheartened and discontinue their claims. We have a great experience in disputes with airline companies and we work on no-win no-fee basis. Our dedicated Flight Compensation Claims Team will provide you with quality legal advice and will ensure that the process of making a claim is as clear and as hassle-free as possible.

Call our flight delay solicitors on 0207 998 7777 or contact us online so we may arrange a call back. With our vast experience in the field, our bilingual speaking team will work with you to ensure this process runs as smooth as possible.

Our Litigation Services

What is Mediation?

Tuesday, November 1st, 2016

Mediation can conclude disputes quickly and in general, most people who try it feel that it offers good value for money. This makes the process streamlined and efficient and often results in a fair agreement for everyone. If you have a commercial or civil litigation dispute, proceeding through the court system may not always be the best route for all parties involved in order to reach a settlement. For some, alternatives such as mediation, offer confidential, less confrontational and often more cost effective ways of resolving civil disputes.

At Bloomsbury Law, our professional mediation solicitors can make the process a positive experience compared to other solutions which would involve going to court. We specialise in many areas of mediation and have worked on behalf of many clients focusing on the following areas:

Commercial;
• Corporate;
• Financial;
Insolvency;
Property; and
• Trusts.

Alternatives such as litigation can take years to resolve a dispute and going to court should be a last resort when all mediation and communication fails.

Mediation and litigation can sometimes work in parallel throughout a court case. Sometimes, mediation is used during a litigation case to allow both parties to settle before it goes to trial and substantial costs are incurred. This is quite common especially when both parties realise how costly legal and court fees at a trial will be and that the outcome is still in the balance.

We must warn that mediation cannot solve all disputes and cannot be suitable where a court declaration is needed in a test case, or where an injunction has to be served to prevent illegal actions, no matter how good your mediation solicitor is.

Due to the nature of the process, all parties involved have to agree to enter mediation. If someone or one party refuses to enter into mediation, then litigation is the last resort.

If you have a dispute or want to ask a question to find out more information, please get in contact with our mediation solicitors and we will be able to process your query efficiently and effectively.

Call our Civil Litigation solicitors on 0207 998 7777 or contact us online so we may arrange a call back. With our vast experience in the field, our bilingual speaking team will work with you to ensure this process runs as smooth as possible.

Our Litigation Services

Flight Delay & Cancellation Compensation Claims

Thursday, September 1st, 2016

As a result of a Supreme Court ruling under EU rule 261/2004, passengers who have had to experience the stress, inconvenience and chaos caused by flight delay or cancellation are entitled to claim compensation against the airlines responsible. Approximately 2.3 million passengers each year are delayed due to aircraft faults resulting in cancellations and overbooking. Regulation 261/2004 was created by the European Parliament and the Council of the European Union, and despite the EU referendum results, you are still covered by the regulation. Although, if you have experienced a flight delay in the last six years, we do recommend submitting your details as soon as possible amid the departure of the EU.

The EC Regulation 261 of 2004 states that all passengers must be compensated financially if their flight has been cancelled or overbooked. Despite this ruling, airlines will often make it difficult for passengers to claim by stating that the claim is not valid or will simply ignore you, this is unacceptable and this is where we are here to help you with legal representation.

When you make a flight delay or cancellation compensation claim, we will require as much information and evidence as possible in order to support your claim. For example, we will require everything from data on weather conditions at the time to any technical faults with the plane, which may have been the reason for the delay or cancellation. This is to ensure that we have every detail necessary to increase the chances of success and maximise compensation.

It is important to note that passengers in England and Wales have up to six years from the date of their flight to make a compensation claim. The clock does not stop ticking on your claim until you have issued Court proceedings. To simply lodge a complaint with the airline does not classify as a claim in the eyes of the Court. If the flight was delayed between 2005 and 2009, you will be unable to apply for compensation, or claim through the Courts under EU Regulation 261/2004.

What about infant claims?

Claiming for infants is possible as long as the payment of the airline ticket has been made by you. Infants have up to 6 years past their 18th birthday to bring a claim.

Compensation Conditions

In order to qualify for compensation, your flight must fall under European Regulation which is the case if your departure airport is in a European member state or your airport of arrival is in a European member state and you are travelling with a European carrier. Also, you must check whether something has happened beyond the control of the airline.

In what extraordinary situations will you not be able to apply for Compensation?

• Terrorist and security issues;
• Adverse weather;
• Natural disasters such as Volcanic Activity;
• Air traffic problems; or
• A strike.

In what situations will you be able to apply for Compensation?

• Airline staffing problems;
• Pilot sickness;
• Bad weather affecting a previous flight, impacting your flight time;
• Overbooked flight causing you to be denied boarding;
• Technical faults with the aircraft (not defined as hidden defects); or
• Any other situation which the airline can take reasonability and is not seen as an extraordinary case.

How much can I claim?

The figures mentioned below are a guideline as to how much compensation passengers may claim. Compensation claims will vary on the length of delay as well as the length of the flight, but are not affected by the cost of the ticket itself. They are as follows:

• Flights delayed less than 3 hours – €0;
• Flights delayed more than 3 hours and up to 1,500km – €250;
• Flights delayed more than 3 hours and between 1,500km – 3,500km or between 2 EU Member States – €400;
• Flights delayed between 3-4 hours and over 3,500km – €300; or
• Flights delayed more than 4 hours and over 3,500km – €600.

Please note that under Regulation (EC) 261/2004, the sums are stated in Euros and are claimed in Euros. Once the airline has agreed to pay your compensation, the final sum shall be stated in Euros. However, should your compensation be transferred to your UK bank account, you will receive your compensation in British Pound Sterling. The final sum you receive will be converted according to the current exchange rate at the time.

What should I do next?

In order to have a higher chance of success, providing as much evidence as possible to us about your delayed flight will increase your chances. In addition to the points raised above these include:

• Flight number;
• Dates of flight;
• Time delayed; and
• Expenses incurred as a result of the delay such as food, drink or hotels.

How much do we charge?

Our fees are based on your success and therefore, there is no financial risk to our clients. We will only charge a fee depending on the amount of flight delay compensation received. This performance based fee is up to a maximum of 25% of the obtained compensation plus VAT. Our fee structures are as follows:

(i) Successful compensation claims up to €300 – £25 administration fee plus 25% of the compensation sum recovered. All fees are subject of VAT.

(ii) Successful compensation claims up to €600 – £30 administration fee plus 20% of the compensation sum recovered. All fees are subject to VAT.

Call our flight delay solicitors on 0207 998 7777 or contact us online so we may arrange a call back. With our vast experience in the field, our bilingual speaking team will work with you to ensure this process runs as smooth as possible.

Our Litigation Services