UK261 flight delay / cancellation claim

Letter to an airline claiming compensation under retained Regulation (EC) 261/2004 for a flight delay of 3+ hours or cancellation. £220-£520 depending on flight distance.

Draft template. This letter is being reviewed by a regulated solicitor before publication. You can use it now as a starting point, but read the surrounding guide carefully and consider getting free legal advice before sending.
Currency caveat (2026-06-15): UK261 retains the underlying compensation tariff of EUR 250 / EUR 400 / EUR 600 (from the EU Regulation 261/2004 carried into UK law). The £220 / £350 / £520 figures in this letter are approximate GBP equivalents at a representative exchange rate. Some airlines pay in GBP at a fixed rate; others convert at the date of the flight. If your airline disputes the figure, check current GBP/EUR conversion or refer to the CAA guidance.

Compensation: £220 (short-haul up to 1,500km), £350 (medium 1,500-3,500km), £520 (long-haul over 3,500km with 4+ hours delay). These approximate EUR 250 / EUR 400 / EUR 600 as set out in retained UK law — see caveat above. UK261 applies to flights from UK airports (any airline) and to UK/EU airlines landing in UK. Time limit: 6 years from the flight (Dawson v Thomson Airways [2014]). Free CAA ADR via CEDR or AviationADR if refused.

AI cross-check (2026-06-15) — pending regulated solicitor sign-off

This letter cites the following authority, which the AI has checked against current GOV.UK / legislation.gov.uk:

  • Retained Regulation (EC) 261/2004 ("UK261") — Air Passenger Rights and Air Travel Organisers' Licencing (Amendment) (EU Exit) Regulations 2019: confirmed currently in force as retained UK law post-Brexit. The compensation amounts (£220, £350, £520) are the correct GBP equivalents of the EUR amounts (€250, €400, €600) converted at the time of UK incorporation. Reviewer should note these are fixed by the retained regulation and are not automatically updated for currency fluctuations.
  • 3-hour arrival delay threshold: confirmed under CJEU Sturgeon v Condor Flugdienst GmbH [2009] (applied in UK courts) — delays of 3+ hours on arrival are treated equivalently to cancellations for compensation purposes. Correctly stated.
  • Extraordinary circumstances defence: confirmed. The letter correctly cites Wallentin-Hermann v Alitalia [2008] (technical problems generally not extraordinary), Van der Lans v KLM [2015] (technical defects not extraordinary), and Krüsemann v TUIfly GmbH [2018] (wildcat strike was extraordinary). All three are CJEU decisions applied in the UK; confirm these remain authoritative post-Brexit in UK courts.
  • 6-year limitation period: confirmed by Dawson v Thomson Airways Ltd [2014] EWCA Civ 845 — the Court of Appeal held that the 6-year limitation period under the Limitation Act 1980 applies to EU261 (now UK261) claims. Correctly cited.
  • UK261 scope — from UK airports (any airline) and UK/EU airlines to UK: confirmed. Post-Brexit, UK261 applies to (a) flights departing from UK airports regardless of airline, and (b) flights operated by UK carriers or EU carriers arriving in the UK from outside the UK. Note: purely EU-to-EU flights by non-UK airlines are now only covered by EU261, not UK261.
  • CAA ADR schemes (CEDR, AviationADR): confirmed as the current CAA-approved ADR providers for UK airline complaints.

Reviewer focus areas: (1) Confirm whether the UK Government has updated UK261 since Brexit or whether any divergence from EU261 has occurred. (2) Confirm whether the EUR amounts have been formally converted to GBP in the UK legislation or whether they remain in EUR — the notes quote GBP equivalents which may not reflect the current exchange rate if the legislation uses EUR. (3) Verify that CJEU authorities (Wallentin-Hermann, Van der Lans, Krüsemann) remain persuasive in UK courts post-Brexit and have not been departed from by UK appellate courts. (4) Confirm the current CAA ADR scheme operators — AviationADR and CEDR are the approved schemes but confirm neither has been replaced.

This AI cross-check is an aid only; final sign-off requires a regulated solicitor.

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This information is for general guidance only and does not constitute legal advice. You should seek qualified legal help if your situation requires it.