UK Supreme Court to rule if Ryanair

can bypass Solicitors

In 2016 Ryanair changed its terms and conditions. The new Terms and Conditions require passengers who are seeking compensation for flight delays to deal directly with the airline and to allow the airline 28 days to respond before passengers instruct any third party to act on their behalf (e.g. a Solicitor).

The UK Supreme Court has decided that it will hear an Appeal in relation to this issue. It has decided that the case raises an arguable point of law of general public importance meriting consideration.

A UK Firm of Solicitors, Bott & Co. was in receipt of circa £100,000 per month in respect of flight delay claims at the time of the Judgment of the Court of Appeal which found in favour of Ryanair.

The Court is due to consider in what circumstances Solicitors can claim an equitable Lien for payment of their Costs out of any settlement monies received. Clearly in most cases the settlement monies will be inclusive of Costs as legal Proceedings will not have been issued and party and party costs will not be payable. The Solicitors contend that they have the Security of an equitable Lien giving them the right to hold back monies obtained in respect of compensation to ensure payment of their Costs when the claimant has not separately paid his/her costs to the instructed Solicitor.

The Solicitors argue that this is a matter of public importance as if Solicitors do not have such a Lien or Security most Solicitors would be unwilling or unable to take on the cases as effectively they are offering credit to clients who may otherwise not be in a position to pursue valid flight delay claims.

If you require any further detail or advice, please contact John Reid in O’Rourke Reid
Dial: +353 1 240 1200
LinkedIn John Reid LinkedIn Profile
Blog John Reid Solicitor

This document is for information purposes only and does not purport to represent legal advice.  
© O’Rourke Reid 2019