UK261 vs EC261: Post-Brexit Flight Compensation Rights Explained

Since Brexit took effect on 1 January 2021, UK air passengers have operated under two parallel compensation regimes: the original EU Regulation EC261/2004 and its UK equivalent, UK261. For the millions of passengers flying between the UK and Europe each year, understanding which regulation applies—and how to claim under each—can mean the difference between receiving compensation and losing out entirely.

This guide explains exactly how UK261 and EC261 differ, which flights fall under which regulation, recent court decisions that affect your rights, and how to navigate the claims process successfully in the post-Brexit landscape.

The Origins of UK261: Brexit and Air Passenger Rights

When the UK left the European Union, it faced a choice: abandon EU consumer protections or incorporate them into domestic law. For air passenger rights, Parliament chose incorporation through the Air Passenger Rights and Air Travel Organisers' Licensing (Amendment) (EU Exit) Regulations 2019—commonly known as UK261.

UK261 mirrors EC261 almost identically, preserving the core protections that EU passengers had enjoyed since 2004. The fundamental rights remain: compensation for delays over three hours, cancelled flights, and denied boarding due to overbooking. However, several important distinctions have emerged that affect how and when you can claim.

Why Two Regulations Matter

Before Brexit, a UK passenger flying from London to Paris was protected by EC261, enforced through UK courts. That same passenger today might be covered by UK261, EC261, or both—depending on the airline, direction of travel, and where they choose to bring their claim.

This dual-regulation landscape creates both opportunities and complications. Passengers flying UK-EU routes can sometimes choose which regulation to claim under, potentially optimizing their compensation. But it also means navigating two different enforcement systems, court jurisdictions, and evolving case law.

Key Differences Between UK261 and EC261

While the two regulations are structurally identical, several practical differences affect your claim.

Compensation Amounts

The compensation tiers are equivalent but denominated in different currencies:

| Flight Distance | EC261 (€) | UK261 (£) | Notes | |-----------------|-----------|-----------|-------| | Under 1,500 km | €250 | £220 | Short-haul flights | | 1,500-3,500 km | €400 | £350 | Medium-haul flights | | Over 3,500 km | €600 | £520 | Long-haul flights |

Practical impact: At typical exchange rates, EC261 compensation in euros is worth slightly more than UK261 compensation in pounds. A €600 long-haul claim is approximately £515-530 at recent rates, compared to the fixed £520 under UK261. For short and medium-haul flights, EC261 tends to pay slightly more.

However, the difference is marginal—typically less than 5%—and other factors (enforcement ease, court jurisdiction, airline behavior) often matter more than the currency advantage.

Geographic Coverage

This is where the regulations diverge most significantly:

UK261 covers:

• •All flights departing from UK airports (regardless of airline nationality)
• •Flights arriving in the UK on UK-registered carriers
• •Flights arriving in the UK on EU-registered carriers

EC261 covers:

• •All flights departing from EU airports (regardless of airline nationality)
• •Flights arriving in the EU on EU-registered carriers
• •Flights arriving in the EU on UK-registered carriers (arriving at EU destination)

Important note: EC261 no longer applies to flights departing from the UK since 1 January 2021, even on EU airlines. A Ryanair flight from London Stansted to Dublin is now covered by UK261, not EC261.

The Overlap Zone: UK-EU Flights

Flights between the UK and EU often fall under both regulations, giving passengers a choice:

| Route | Airline | UK261 | EC261 | Best Choice | |-------|---------|-------|-------|-------------| | London → Paris | British Airways | ✓ (UK departure) | ✗ | UK261 | | London → Paris | Air France | ✓ (UK departure) | ✗ | UK261 | | Paris → London | British Airways | ✓ (UK arrival, UK carrier) | ✓ (EU departure) | Either (EC261 slightly higher €) | | Paris → London | Air France | ✓ (UK arrival, EU carrier) | ✓ (EU departure) | Either (EC261 slightly higher €) | | Madrid → New York | Iberia | ✗ | ✓ (EU departure) | EC261 | | New York → London | British Airways | ✓ (UK arrival, UK carrier) | ✗ | UK261 | | New York → London | American Airlines | ✗ | ✗ | Neither covered |

Critical rule: You cannot claim under both regulations for the same disruption. This "no double-dipping" principle means you must choose one or the other where both apply.

Enforcement Bodies

UK261: Civil Aviation Authority (CAA) - caa.co.uk

• •Provides guidance and complaint handling
• •Approves ADR schemes (AviationADR, CEDR)
• •Can take enforcement action against airlines but doesn't award compensation directly

EC261: National Enforcement Bodies (NEBs) in each EU member state

• •Varies by country (e.g., AViReS in Germany, DGAC in France)
• •Similar advisory/enforcement roles
• •No direct compensation-awarding power in most countries

Court Jurisdiction

Where you can sue matters enormously for practical enforcement:

UK261 claims: UK courts

• •Small Claims Court (Money Claims Online) for claims up to £10,000
• •Well-established procedures and precedents
• •Can enforce judgments against UK assets

EC261 claims: Courts in EU member states OR UK courts in some circumstances

• •EU cases typically heard where the airline is based or where the flight departed/arrived
• •Judgments may be harder to enforce against UK assets
• •Some EU countries have specialist aviation tribunals

Practical tip: UK passengers claiming against EU airlines for EU-departure flights often find it easier to use the UK's small claims process, citing UK261 where applicable, rather than navigating foreign court systems.

Recent Court Decisions Affecting Your Rights

Several important cases since Brexit have clarified how both regulations apply in practice.

Lipton v BA Cityflyer [2024] UKSC 24 (Supreme Court)

The facts: A British Airways Cityflyer flight from Milan to London was cancelled in 2018 when the pilot became ill shortly before departure. The passengers claimed £220 compensation under EC261/UK261.

The issue: Is unexpected crew illness an "extraordinary circumstance" that exempts airlines from paying compensation?

The ruling: The Supreme Court unanimously held that pilot illness is NOT an extraordinary circumstance. Airlines must pay compensation for delays caused by crew sickness.

Why it matters: Airlines frequently cite crew illness to reject claims. This Supreme Court ruling definitively closes that loophole. The judgment noted it could "affect tens of thousands of claims which are made annually."

Key quote from judgment: Unexpected crew illness "is not inherently external to the airline's operation" and airlines should have contingency arrangements for such foreseeable events.

TAP Portugal v Flightright GmbH (C-156/22 to C-158/22) - CJEU 2023

The facts: A TAP Portugal co-pilot died unexpectedly, resulting in flight cancellation.

The ruling: Even the death of a crew member is not an extraordinary circumstance that exempts the airline from compensation.

Why it matters: This CJEU decision reinforces that crew availability is fundamentally the airline's responsibility. UK courts may treat this as persuasive authority even though CJEU decisions aren't binding post-Brexit.

Matkustaja A v Finnair Oyj (C-385/23) - CJEU June 2024

The facts: A Finnair flight was cancelled due to a technical failure caused by a hidden manufacturing defect—described as "the first worldwide occurrence in relation to the particular type of aircraft."

The ruling: The CJEU found this WAS an extraordinary circumstance, exempting Finnair from compensation.

Why it matters: This provides rare clarity on when technical faults qualify as extraordinary. The key factors were:

• •A genuine hidden defect impossible to detect beforehand
• •First occurrence worldwide (not just first for that airline)
• •Manufacturer's defect, not maintenance failure

Practical implication: Airlines claiming "technical fault" must now show the defect was truly hidden and unprecedented, not just unexpected.

Aviation (Consumers) (Amendment) Regulations 2023

On 14 December 2023, the UK codified key pre-Brexit CJEU case law into UK261 statute:

Sturgeon principle codified: Delays of 3+ hours at arrival now expressly entitle passengers to compensation (previously established by CJEU case law but not in the regulation text).

Air traffic management decisions: Delays/cancellations caused by ATC decisions are expressly classified as extraordinary circumstances.

Why it matters: UK courts must now follow these principles as statute, not just as persuasive precedent. It reduces uncertainty and limits scope for airlines to argue the law is unclear.

Extraordinary Circumstances: What Exempts Airlines from Paying?

Both regulations exempt airlines from compensation if the disruption was caused by "extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken."

Clearly Extraordinary (No Compensation Due)

• •Severe weather: Storms, fog, ice, volcanic ash making flight genuinely unsafe
• •Security threats: Terrorism alerts, bomb threats, political instability
• •Airport/ATC strikes: Industrial action by airport staff, air traffic control (not airline's own staff)
• •Hidden manufacturing defects: Genuine latent defects unknown to the aviation industry (per Finnair ruling)
• •Air traffic management decisions: ATC-imposed delays and slot restrictions
• •Political instability: Civil unrest, war, airspace closures

NOT Extraordinary (Compensation Due)

• •Technical faults: Standard mechanical issues, maintenance failures, known defect types
• •Crew illness: Pilots or cabin crew being unwell (per Lipton ruling)
• •Crew death: Even unexpected fatalities (per TAP Portugal ruling)
• •Staff shortages: Airline's own scheduling or resourcing failures
• •Airline staff strikes: Industrial action by the carrier's own employees
• •Bird strikes: Generally not extraordinary as they're common and foreseeable
• •Missed connections due to late inbound aircraft: The airline's operational issue
• •Overbooking: Entirely the airline's commercial decision

Grey Areas Under Active Litigation

• •Runway debris: May depend on whether airport or airline responsible
• •Medical emergencies on board: Likely extraordinary, but evolving
• •Drone incursions: Generally treated as extraordinary (e.g., Gatwick 2018)
• •IT system failures: Depends whether internal airline systems or external providers

Which Airlines Are UK vs EU Carriers?

Your airline's registration determines which regulation applies for arrival-only coverage.

UK-Registered Airlines (UK261 for arrivals into UK)

• •British Airways
• •Virgin Atlantic
• •easyJet (UK-registered entity)
• •Jet2
• •TUI Airways
• •Loganair
• •Eastern Airways

EU-Registered Airlines (EC261 for arrivals into EU)

• •Ryanair (Irish)
• •Aer Lingus (Irish)
• •Lufthansa (German)
• •Air France (French)
• •KLM (Dutch)
• •Iberia (Spanish)
• •TAP Portugal (Portuguese)
• •SAS (Danish/Swedish/Norwegian)
• •Vueling (Spanish)
• •Wizz Air (Hungarian)
• •Norwegian (Norwegian, now Irish-registered)

Airlines with Dual Registration

Some airlines operate separate UK and EU entities post-Brexit:

easyJet: easyJet UK (G-registered aircraft) and easyJet Europe (Austrian-registered OE-aircraft)

• •UK-departure flights typically on easyJet UK
• •Intra-EU flights often on easyJet Europe
• •Check your booking confirmation for the operating carrier

Ryanair: Ryanair DAC (Irish) and Ryanair UK (British)

• •Most operations remain Irish-registered
• •Ryanair UK handles some domestic UK routes

Why registration matters: If your flight arrives in the UK from outside both UK and EU (e.g., from USA), only UK-carrier flights are covered by UK261. A British Airways flight from New York to London is covered; an American Airlines flight on the same route is not.

Step-by-Step: How to Claim Under Each Regulation

Determining Which Regulation Applies

• •Identify the departure airport
• •UK airport → UK261 applies (regardless of airline)
• •EU airport → EC261 applies (regardless of airline)
• •Non-UK/EU airport → Check airline registration and arrival point

• •For arrivals from outside UK/EU
• •Arriving UK on UK carrier → UK261
• •Arriving UK on EU carrier → UK261
• •Arriving EU on EU carrier → EC261
• •Arriving EU on UK carrier → EC261
• •Arriving UK on non-UK/EU carrier → Neither applies

• •Where both apply (EU departure arriving UK)
• •You can choose which to claim under
• •Consider: compensation amount (€ vs £), ease of enforcement, airline behavior

Making a UK261 Claim

Step 1: Claim directly to the airline

• •Use the airline's official complaint form
• •Cite "UK261" or "The Air Passenger Rights and Air Travel Organisers' Licensing (Amendment) (EU Exit) Regulations 2019"
• •State clearly: flight number, date, delay/cancellation details, compensation amount sought
• •Allow 8 weeks for response

Step 2: If rejected or ignored, use ADR

• •Check if airline is member of AviationADR or CEDR
• •Submit complaint through the relevant ADR scheme (free for consumers)
• •ADR decision is binding on the airline but you can reject it and go to court

Step 3: If ADR fails or unavailable, go to court

• •Use Money Claims Online (MCOL) for claims up to £10,000
• •Court fee: £35-£455 depending on amount
• •Small claims track: informal, no lawyers required, limited cost risk
• •Judgment enforceable against airline's UK assets

Making an EC261 Claim

Step 1: Claim directly to the airline

• •Use official complaint process
• •Cite "EU Regulation 261/2004" or "EC261"
• •Specify compensation amount in euros

Step 2: National Enforcement Body (advisory only)

• •Contact the NEB in the departure country or airline's home country
• •They can advise and investigate but usually can't award compensation

Step 3: ADR or court

• •Some EU countries have aviation ADR schemes
• •Court action typically in airline's home country or departure point
• •Consider European Small Claims Procedure for cross-border disputes under €5,000

Practical tip for UK residents: For EU-departure flights, you may still be able to sue in UK courts if the airline has UK presence. The rules on jurisdiction are complex—seek advice for high-value claims.

CAA Complaint Statistics: What the Data Shows

The Civil Aviation Authority publishes detailed complaint data that reveals how airlines and ADR schemes handle UK261 claims.

ADR Uphold Rates

Recent data shows significant variation in how often passengers win:

| Year | AviationADR Uphold Rate | Notes | |------|------------------------|-------| | 2019 | 61% | Pre-pandemic baseline | | 2020 | 38% | Pandemic disruption | | 2021 | 24% | Lowest recorded | | 2022 | 33% | Partial recovery |

The dramatic decline in uphold rates reflects increased airline contestation of claims and more complex "extraordinary circumstances" arguments during COVID-related disruption.

Airline Punctuality

CAA data for Q4 2024 shows 71% of flights departed or arrived within 15 minutes of schedule. This means nearly 30% of flights experienced some delay—though not all delays reach the 3-hour compensation threshold.

Cancellation Rates

British Airways cancelled 3.2% of flights in 2024—approximately 1 in 31 flights. This is broadly representative of major UK carriers, though low-cost carriers sometimes show higher cancellation rates.

Average Compensation Awards

Award values vary significantly based on route lengths operated:

• •Short-haul focused carriers (easyJet, Ryanair): Lower average awards (£220-£350)
• •Long-haul carriers (British Airways, Virgin): Higher average awards (often £520)

Processing Times

• •Direct airline claims: 8-week statutory response period (often exceeded)
• •AviationADR: Average 90+ days for complex cases
• •CEDR: Similar timeframes
• •Court (Money Claims Online): 3-6 months typical if contested

Common Pitfalls and How to Avoid Them

Pitfall 1: Accepting Vouchers Instead of Cash

Airlines frequently offer vouchers or future flight credits instead of cash compensation. You are entitled to refuse these and demand cash payment. Accepting vouchers may waive your right to further compensation.

Solution: Always insist on cash compensation in your initial claim letter. Only accept vouchers if you genuinely prefer them and understand you're waiving cash rights.

Pitfall 2: Missing Time Limits

UK261/EC261: You generally have 6 years to claim (5 years in Scotland) from the date of the disrupted flight.

However: Airlines may try to impose shorter deadlines in their T&Cs. These may not be enforceable, but delayed claims are harder to prove and airlines resist them more strongly.

Solution: Claim as soon as possible after your disrupted flight. If you're within a few weeks, claim immediately. If years have passed, still try—but expect more resistance.

Pitfall 3: Claiming the Wrong Regulation

Citing EC261 for a flight that's only covered by UK261 (or vice versa) gives airlines an easy rejection reason.

Solution: Check the coverage rules carefully before claiming. When in doubt, cite both regulations in your claim letter.

Pitfall 4: Not Gathering Evidence

Airlines dispute claims by challenging the facts. Without evidence, it's your word against theirs.

Evidence to collect immediately:

• •Boarding passes and booking confirmation
• •Flight status screenshots showing delay/cancellation
• •Airline communications (emails, SMS, app notifications)
• •Photos of departure boards showing delay
• •Receipts for expenses incurred (meals, hotels, transport)
• •Names of airline staff who provided (or refused) assistance

Pitfall 5: Giving Up After First Rejection

Airlines routinely reject valid claims hoping passengers will give up. First rejections are common even for legitimate claims.

Solution: Always escalate rejected claims to ADR, then court if necessary. The high proportion of ADR decisions favoring passengers shows airlines frequently reject valid claims initially.

Airline-Specific Claiming Tips

Different airlines handle UK261/EC261 claims very differently. Here's what to expect from major carriers.

British Airways

Claim process: Online form at ba.com or write to Customer Relations Typical response time: 4-8 weeks Behavior: Generally professional, but will contest extraordinary circumstances claims firmly ADR membership: CEDR

Tips:

• •BA tends to respond within the 8-week window
• •Their initial rejection letters often cite technical faults—challenge these citing Lipton
• •For codeshare flights, check who actually operated the plane

easyJet

Claim process: Online form at easyjet.com Typical response time: 4-12 weeks (variable) Behavior: High volume of rejections; automated responses common ADR membership: AviationADR

Tips:

• •easyJet operates both UK (G-registered) and Austrian (OE-registered) aircraft
• •Check your booking to determine which entity operated your flight
• •Be prepared to escalate—first rejection is common for valid claims
• •Their "extraordinary circumstances" claims are often challengeable

Ryanair

Claim process: Online form (notoriously difficult to find on website) Typical response time: Highly variable, often exceeds 8 weeks Behavior: Aggressive rejection of claims; known for difficult claim process ADR membership: AviationADR

Tips:

• •Document everything—Ryanair has historically been the most resistant airline
• •Go directly to ADR if no response within 8 weeks
• •Their app/website may make finding the claim form difficult—search "Ryanair EU261 claim form"
• •Court action has proven effective when ADR fails

Jet2

Claim process: Online or written to customer services Typical response time: Generally within 8 weeks Behavior: Better reputation than some competitors, but still contests claims ADR membership: AviationADR

Tips:

• •Jet2 is UK-registered, so UK261 applies to all their flights
• •They're generally more responsive than Ryanair/easyJet
• •Still be prepared to escalate to ADR if rejected

TUI Airways

Claim process: Through TUI customer service (can be complex for package holidays) Typical response time: 8-12 weeks Behavior: Package holiday flights add complexity ADR membership: CEDR

Tips:

• •For package holidays, compensation claims are separate from package refunds
• •TUI historically had high ADR uphold rates (90% in 2019), though this has declined
• •Be clear whether you're claiming for the flight specifically or the overall package

Wizz Air

Claim process: Online form Typical response time: Often slow, may exceed 8 weeks Behavior: Known for aggressive claim rejection ADR membership: AviationADR

Tips:

• •Hungarian-registered, so EC261 applies for EU departures
• •UK arrivals from EU on Wizz Air covered by both regulations
• •Be persistent—Wizz Air frequently rejects valid claims initially

Lufthansa Group (Lufthansa, Swiss, Austrian, Brussels Airlines)

Claim process: Online forms for each airline Typical response time: Generally professional, within 8 weeks Behavior: More likely to pay valid claims without excessive resistance ADR membership: Varies by country

Tips:

• •German airlines tend to be more compliant with EC261
• •For Lufthansa Group, claim against whichever airline operated the specific flight
• •They may offer EU261 vouchers first—insist on cash if preferred

Real Compensation Examples

Understanding typical scenarios helps set realistic expectations.

Example 1: London Heathrow to Rome, 3.5-hour delay

Flight: British Airways, scheduled departure 09:00, actual departure 12:45 Arrival delay: 3 hours 40 minutes Distance: 1,434 km (under 1,500 km) Regulation: UK261 (UK departure) Compensation: £220 Outcome: BA initially cited "operational reasons," passenger escalated to CEDR, awarded full compensation

Example 2: Paris CDG to Manchester, flight cancelled

Flight: Air France, cancelled day before departure Alternative offered: Rerouted via Amsterdam, arrived 6 hours late Distance: 558 km (under 1,500 km) Regulation: EC261 (EU departure), UK261 also applies (UK arrival, EU carrier) Compensation: €250 (claimed under EC261) Outcome: Air France paid within 4 weeks of claim

Example 3: New York JFK to London Gatwick, 5-hour delay

Flight: Norwegian (now Irish-registered), mechanical fault Arrival delay: 5 hours 15 minutes Distance: 5,585 km (over 3,500 km) Regulation: UK261 (UK arrival on EU carrier) Compensation: £520 Outcome: Norwegian initially rejected citing technical fault, passenger won at AviationADR

Example 4: Dublin to Edinburgh, crew illness cancellation

Flight: Ryanair, cancelled morning of departure, pilot unwell Alternative offered: None—told to book own flight Distance: 351 km Regulation: EC261 (EU departure), also UK261 (UK arrival) Compensation: €250 + expenses (€180 for alternative flight) Outcome: Ryanair rejected citing "extraordinary circumstances," passenger cited Lipton v BA Cityflyer, won at ADR

Example 5: London Stansted to Barcelona, missed connection

Flight: easyJet UK, delayed causing missed Iberia connection to Mallorca Booking type: Two separate tickets Outcome: easyJet paid £350 for the Stansted-Barcelona delay, but passenger had no claim against Iberia for the missed onward flight as it was a separate booking

Lesson: Book through-tickets where possible. Separate bookings mean separate rights.

Template Claim Letters

UK261 Initial Claim Letter

 To: [Airline Customer Relations] Date: [Date]


Re: UK261 Compensation Claim Flight: [Flight number] Date of flight: [Date] Route: [Departure] to [Destination] Booking reference: [Reference]

Dear Sir/Madam,

I am writing to claim compensation under The Air Passenger Rights and Air Travel Organisers' Licensing (Amendment) (EU Exit) Regulations 2019 (UK261).

On [date], flight [number] from [departure] to [destination] was [delayed by X hours / cancelled]. I arrived at my final destination [X hours] later than scheduled.

Under UK261, I am entitled to compensation of £[220/350/520] for this disruption.

My details:

•Name: [Full name]
•Booking reference: [Ref]
•Passport/ID (last 4 digits): [XXXX]
•Email: [Email]
•Phone: [Phone]


Please process this claim and confirm payment within 14 days. If I do not receive a satisfactory response within 8 weeks, I will escalate this matter to the appropriate ADR scheme.

Yours faithfully, [Name] 

EC261 Initial Claim Letter

 To: [Airline Customer Relations] Date: [Date]


Re: EC261/2004 Compensation Claim Flight: [Flight number] Date of flight: [Date] Route: [Departure] to [Destination] Booking reference: [Reference]

Dear Sir/Madam,

I am writing to claim compensation under EU Regulation No 261/2004 (EC261).

On [date], flight [number] from [departure] to [destination] was [delayed by X hours / cancelled]. I arrived at my final destination [X hours] later than scheduled.

Under EC261, I am entitled to compensation of €[250/400/600] for this disruption.

[Include same personal details as above]

Please process this claim and confirm payment within 14 days.

Yours faithfully, [Name] 

Response to "Extraordinary Circumstances" Rejection

 To: [Airline Customer Relations] Date: [Date] Re: Rejected Claim [Reference] - Challenge


Dear Sir/Madam,

I refer to your letter dated [date] rejecting my compensation claim for flight [number] on [date].

You state the disruption was caused by [their stated reason]. I do not accept this constitutes an extraordinary circumstance under UK261/EC261.

[Choose applicable response:]

If they cited crew illness: "The UK Supreme Court in Lipton v BA Cityflyer [2024] UKSC 24 held unanimously that unexpected crew illness is NOT an extraordinary circumstance. Airlines must maintain adequate crew contingency."

If they cited technical fault: "Technical faults are inherent to airline operations and are not extraordinary circumstances. Only hidden manufacturing defects unknown to the entire aviation industry qualify as extraordinary (Matkustaja A v Finnair Oyj, C-385/23)."

If they cited weather but weather was moderate: "The weather conditions on [date] were not so severe as to prevent safe flight operations. I note that other flights operated normally from the same airport during this period."

I therefore reiterate my claim for £/€[amount] compensation. If I do not receive payment within 14 days, I will escalate this matter to [ADR scheme / court].

Yours faithfully, [Name] 

Frequently Asked Questions

Can I claim under both UK261 and EC261 for the same flight?

No. Where both regulations apply (typically EU-departure flights arriving in UK), you must choose one. You cannot "double-dip" and receive compensation under both.

Which should I choose when both apply?

Generally, EC261 pays slightly more (€ amounts convert to more £ at typical rates). However, UK261 may be easier to enforce through UK courts. For most passengers, the difference is marginal—choose based on convenience.

My flight was with a non-EU, non-UK airline arriving in the UK. Am I covered?

No. UK261 only covers arrivals on UK or EU carriers. A United Airlines flight from New York to London isn't covered by UK261 or EC261. However, US regulations may provide some protection.

What if my airline went bust?

If the airline ceases operations, UK261/EC261 claims become difficult to pursue as you become an unsecured creditor in insolvency proceedings. Consider travel insurance and Section 75 credit card protection for future bookings.

Do connecting flights get separate claims?

If you booked flights on a single ticket and missed a connection due to a delay on the first leg, the total delay at final destination determines compensation. You claim once for the overall delay, not separately for each leg.

If you booked separate tickets, each flight is treated independently—missing a connection due to the first flight's delay doesn't give you rights against the second flight's airline.

Are code-share flights covered?

Yes, but claim against the operating carrier (the airline actually flying the plane), not the marketing carrier (whose code appears on your ticket). Your booking confirmation should identify the operating carrier.

What expenses can I claim beyond compensation?

Both regulations require airlines to provide:

• •Meals and refreshments proportionate to the wait
• •Hotel accommodation if overnight stay required
• •Transport between airport and hotel
• •Two phone calls, emails, or faxes

If the airline doesn't provide these, you can claim reasonable expenses back. Keep all receipts.

Conclusion: Navigating Post-Brexit Flight Rights

Four years after Brexit, the UK261/EC261 landscape has largely stabilized. The two regulations remain fundamentally similar, and passengers flying between the UK and EU retain strong protections.

Key takeaways:

• •UK departures are UK261-only since 1 January 2021, regardless of airline
• •EU departures remain EC261, with UK261 also applying if arriving in UK
• •Compensation amounts are near-identical, with EC261 slightly higher in euro terms
• •Recent case law favors passengers, particularly the Lipton crew illness ruling
• •Always claim directly first, then ADR, then court if necessary
• •Gather evidence immediately after any disruption
• •Don't accept vouchers unless you genuinely prefer them to cash

The legal framework protects you—but only if you know your rights and are prepared to pursue them. Airlines continue to reject valid claims, rely on "extraordinary circumstances" defenses that courts have rejected, and hope passengers will give up. Persistence pays.

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This guide covers UK261 and EC261 as of November 2025. Regulations and case law continue to evolve. For claims involving significant sums or complex circumstances, consider seeking professional legal advice.