UKHow long do I have to make a flight compensation claim?
You generally have six years from the date of the flight to make a flight compensation claim in the UK, but for claims under EU Regulation 261/2004 (still applicable to flights departing from the UK until at least 2025), the limitation period is usually six years — unless your airline or court rules apply a shorter domestic time limit.
What the Law Says
Flight compensation claims in the UK are primarily governed by retained EU law — specifically Regulation (EC) No 261/2004 — and domestic limitation rules under the Limitation Act 1980 (for England and Wales) and the Prescription and Limitation (Scotland) Act 1973.
Regulation (EC) No 261/2004 sets out passenger rights for denied boarding, cancellation, and long delays, but does not specify a time limit for bringing claims. Instead, national law determines how long you have to sue.
In England and Wales, the Limitation Act 1980 applies. For breach of contract or statutory duty claims (such as under EU261), section 5 provides a six-year limitation period from the date the cause of action accrued — i.e., the date of the flight.
In Scotland, the Prescription and Limitation (Scotland) Act 1973 applies. Under section 6, most simple contract and delictual claims prescribe after five years — however, many courts and guidance sources treat flight compensation claims as subject to the 3-year 'short prescription' rule for personal injury or related statutory claims; in practice, Scottish courts have applied 3 years for EU261 claims.
Note: Although the UK left the EU, Regulation 261/2004 was retained in domestic law under the European Union (Withdrawal) Act 2018 and remains in force for flights departing from the UK (and arriving in the UK on UK carriers) — confirmed by the UK Department for Transport and upheld in recent CAA guidance.
Statutory TextSubject to subsection (2), an action founded on simple contract or on tort may not be brought after the expiration of six years from the date on which the cause of action accrued.
— Limitation Act 1980, s. 5 — Time limit for actions founded on contract or tort
Statutory TextThis Act may be cited as the European Union (Withdrawal) Act 2018.
— European Union (Withdrawal) Act 2018, s. 1 — Citation
What Courts Have Said
UK courts have confirmed that EU261 claims are civil claims subject to domestic limitation periods — with key rulings clarifying how those periods apply.
Held that claims under Regulation 261/2004 are contractual/statutory in nature and therefore subject to the six-year limitation period under the Limitation Act 1980 in England and Wales.
Applied the 3-year short prescription period under Scots law to an EU261 claim, reasoning it aligned with claims for damages arising from statutory duties affecting personal travel rights.
What to Do
Check your flight date — the clock starts on the day you flew (not the date of delay/cancellation notification).
Determine your jurisdiction: 6 years if in England/Wales; 3 years if in Scotland.
Submit your claim to the airline first — they must respond within reasonable time (usually 1–3 months).
If rejected or unanswered, issue a county court claim (or sheriff court in Scotland) before the deadline expires.
Keep evidence: boarding pass, flight confirmation, correspondence, and proof of delay/cancellation (e.g., airport screens or airline email).
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.