Airline Rejected My Flight Delay Claim — What Next?
A rejected claim is not the end of the road — it is often just the airline’s first line of defence. Airlines reject large numbers of valid UK261 claims, frequently citing reasons that do not stand up to scrutiny. The burden is on the airline to prove its case, not on you, and there are clear routes to challenge a refusal and escalate beyond the airline itself.
This guide explains the most common rejection reasons, which ones are challengeable, and exactly how to escalate. To confirm what you’re owed before you push back, use our compensation calculator.
Common Rejection Reasons — and Whether They Hold
Reasons That Often Don’t Stand Up
Be sceptical of these — many are routinely overturned:
- A technical fault — usually NOT extraordinary (KLM v van der Lans)
- Crew sickness — NOT extraordinary since Lipton v BA Cityflyer
- The airline’s own staff strike — generally claimable
- “Operational reasons” — too vague; demand the specific cause in writing
- Disputing your arrival time — your own doors-open record counts
Reasons That May Be Valid
These can be legitimate, but still ask for evidence:
- Genuine extraordinary circumstances — severe weather, ATC strikes
- Delay under 3 hours at the final destination
- Claim outside the 6-year limit (5 in Scotland)
How to Challenge a Rejection
Step 1: Demand the Evidence
Put the burden back on the airline:
- Write back rejecting the stated reason
- Ask for the specific cause and supporting documentation
- Cite the relevant case law if they blame crew sickness or a technical fault
- Keep everything in writing
Step 2: Escalate Beyond the Airline
If the airline holds firm:
- Escalate to the CAA-approved ADR scheme covering that airline
- Or issue a claim in the Small Claims Court
- If the airline simply isn’t responding, different timescales apply
- Or hand it to a no win no fee claims company
Common Questions About Rejected Claims
The airline blamed a technical fault. Should I accept the rejection?
Usually not. The courts have held that technical faults and component failures are inherent to running an airline and are not extraordinary circumstances (KLM v van der Lans, 2015). Unless the airline can show a hidden manufacturing defect across the fleet or sabotage, a technical-fault rejection is normally challengeable. Write back, reject the reason, and ask for the specific evidence.
They said crew sickness. Isn’t that beyond their control?
It doesn’t matter — the Supreme Court settled this in Lipton v BA Cityflyer [2024] UKSC 24, ruling that crew sickness is not an extraordinary circumstance because managing staff illness is part of normal airline operations. The CAA has confirmed airlines can no longer refuse claims on this basis. A crew-sickness rejection should be challenged.
How long do I have to challenge?
Your underlying claim is valid for six years in England and Wales, or five years in Scotland, so a rejection doesn’t reset that clock. But act promptly — escalating to an ADR scheme or court is easier while evidence and records are fresh.
Will challenging cost me anything?
Challenging the airline directly and using an ADR scheme is free. The Small Claims Court has modest fees, usually recoverable if you win. A claims company costs nothing upfront but takes a percentage of any payout. For a clearly valid claim that the airline is wrongly refusing, the cost of pushing back is low relative to up to £520 per passenger.
Related Guides
Airline Not Responding to My Claim
Escalating to the CAA & ADR Schemes
Flight Delay Compensation Calculator
Am I Eligible for Flight Delay Compensation?
Extraordinary Circumstances Explained
How to Claim Flight Delay Compensation
Check If You Could Claim Compensation For Your Delayed Flight
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