The Practical Lawyer

Home
About
CPD
Subscribe
Contact

Ryanair – can bypass solicitors

The CA has held that Ryanair is entitled to deal with passenger claims directly and does not have to involve or pay solicitors who may have assisted in the claims.

The problems caused to passengers by delays and strikes at Ryanair are well documented. Ryanair’s T&Cs require passengers seeking compensation to deal directly with the airline which has 28 days to respond before a third party can be instructed. Bott & Co handles a large volume of claims against Ryanair but the airline decided to settle the claims directly with the clients. This meant that Bott & Co lost the chance to deduct its fees from the compensation and experienced difficulty in recovering fees from its clients.

The firm brought an action against Ryanair arguing that its clause requiring claimants to go through its process first was unlawful and that the firm was entitled to an equitable lien in relation to its fees.

The claim failed. The CA noted that the method of applying for compensation direct with Ryanair was ‘largely mechanical and formulaic’ and the court could not see that Bott & Co’s processing of claims was vastly different and did not amount to ‘litigation services’. Further their involvement did not ‘promote access to justice’.

The decision could have a significant impact on firms that handle low-value litigation claims. See Bott & Co v Ryanair [2019] EWCA Civ 143.

 

Most-read articles

Contract – implied terms
Thursday, 14 March 2019
The SC has confirmed that it will imply a term into a contract to give it business efficacy. Read more...
Confidentiality – existence and content of will
Thursday, 14 March 2019
Each month we consider conduct and practice issues relevant to busy practitioners. This month we will consider the importance of keeping confidentiality in mind when disclosing the existence or... Read more...
Code for Completion by Post – new code
Thursday, 14 March 2019
The Law Society has published the new Code for Completion by Post. It will come into effect on 1 May 2019. CQS-accredited firms must use the Code. Read more...
Proceeds of crime – benefit
Thursday, 14 March 2019
The appellant’s criminal conduct was such that he had obtained the money and therefore benefited from it.  Read more...
Disability payments – no right to dismiss
Thursday, 14 March 2019
There is an implied term in a contract of employment that an employee will not be dismissed for incapacity while on long-term disability benefit. Read more...
Civil partnership – guidance
Thursday, 14 March 2019
How does a civil partnership affect the parties’ rights to different pensions?  Read more...
HMLR – fraud is not ‘mistake’
Thursday, 14 March 2019
A court can order rectification of an HMLR register of title if a mistake has been made.  Read more...
LTA54 – redevelopment must be real intention
Thursday, 14 March 2019
LTA 54 confers security of tenure on business Ts. L and Ts can contract out of the security of tenure provisions by following a prescribed procedure before the business tenancy is entered into.  Read more...
AST – security deposits capped
Thursday, 14 March 2019
From 1 June 2019 security deposits taken on commencement of ASTs will be capped at no more than five weeks’ rent where the annual rent is under £50,000 (and six weeks’ rent where the annual... Read more...
Loss resulting from breach of duty – reaffirmed
Thursday, 14 March 2019
The SC has recently given a judgment on solicitor’s professional negligence. The case involved a retired miner.  Read more...

Resources

IAG International
In House Lawyer
www.totallylegal.com
MSI Global Alliance
Join the IBA now!