Can I sue over cancelled Gatwick flight?

Have a question? Ask our expert Simon Calder

The airport saw a huge amount disruption due to a drone in its airspace (Reuters)

Q In the event of an airport being closed due to unauthorised incursions by drones, would a traveller be able to sue the operators for expenses and distress over cancelled flights, etc? And would the airlines be supportive of such a move?

Andrew B

A I do not see why any individual whose actions disrupt aviation – including cases of drones shutting airspace – could not in theory be sued to recover damages.

Airlines already threaten prospective “air-rage” offenders with the possibility of civil action to recover the costs of diversions. In theory travellers could also claim from such disruptive passengers – though this might prove trickier simply because the airline knows the alleged perpetrator’s details but fellow passengers do not.

Before this course could be advised, though, the plaintiff would have to consider a range of issues.

First, are losses quantifiable? There is a higher chance of success if claimants can demonstrate tangible damages such as loss of earnings or extra costs incurred as a direct result of delays, diversions or cancellations caused by the intrusion, rather than the undoubted but unquantifiable emotional upset.

Next, does the defendant have the means to settle any claim? Airlines have in the past sought to deter reckless behaviour on planes by warning that the perpetrator’s home would be at risk. But if the person or people involved have very limited resources, the process would be pointless.

One course of action, though, could involve the airport (which will certainly have lost as a result of any closure).

If the targeted airport were to claim against the perpetrators for a substantial amount of money, it could make an example which could deter others from making mischief.

Every day our travel correspondent Simon Calder tackles a reader’s question. Just email yours to s@hols.tv or tweet @simoncalder