In a judgment that may have significant implications for the airline industry, Meg Cochrane, instructed by Shergroup, scored a noteworthy win against easyJet in Skycop.com UAB v easyJet Airline Company Limited [2026] EWCC 35. In his judgment of 10 February 2026, HHJ Murch found that passengers are entitled to assign their right to compensation under Article 7 of Regulation (EC) No. 261/2004, (the ‘Regulation’), to third parties.
The case concerned whether the appellant, easyJet, could rely upon a clause in its conditions of carriage that purported to partially restrict a passenger’s right to assign their right to compensation under Article 7 of the Regulation, or whether such created a material obstacle under Article 15 of the Regulation, or was unfair ss.62-63 of the Consumer Rights Act 2015, (the ‘Act’).
HHJ Murch, in upholding the decision of DDJ Abrahams, found that:
1) The right to compensation under Article 7 of the Regulation is derived from EU legislation, and is a right to compensation rather than a right to litigate.
2) This right to compensation, per the judgment of Recorder Jourdan KC in AirHelp Ltd v British Airways plc (unreported, 08.09.2023), can be assigned.
3) The partial prohibition in easyJet’s conditions of carriage conflicted with Article 15 of the Regulation.
4) The partial prohibition in easyJet’s conditions of carriage constituted an ‘unfair term’ under s.62 of the Act.
