Woman beats British Airways in court using 80-year-old legislation

The traveller took British Airways to court to try and get a cash refund on cancelled flights. Photo / 123rf

A woman has taken British Airways (BA) to court over a disagreement about vouchers - and won using 80-year-old contract legislation found at a local library.

Jennie Barber took the airline to court after two years of trying to get a refund for cancelled flights to Japan.

Barber had booked two return flights to Japan in January 2020, for May that year. When Covid-19 restrictions forced the airline to cancel the flights, she was offered a full refund but only in the form of travel vouchers.

The Birmingham resident initially accepted the vouchers in March 2020. After it became clear she could not use them to fly to Japan anytime soon, she demanded a cash refund. The airline refused.

After taking them to court, Barber, who studied A-level law, beat the airline using the Law Reform (Frustrated Contracts) Act 1943.

Barber told BBC the inability to travel to Japan meant her vouchers were useless as she could not use them to travel to her intended destination.

Japan closed its borders to visitors in March 2020 and did not fully reopen until November 2022.

In December 2020, she raised her frustrations with BA and requested a refund in cash.

Barber allegedly spent the following 12 months trying to convince BA to approve her request. After little success, she mounted a legal challenge in February 2022 and the case was heard in January 2023.

During this time, she discovered legislation that stated because the sale involved something that was then impossible to provide (a flight to Japan) and she was not at fault, she was legally entitled to a cash refund.

Travel to Japan only became available to foreign tourists in November 2022.

Barber said, while she “didn’t feel it was right” to be refused a refund, it was still nerve-racking to go up against such a large company.

“If you’re an ordinary person, who is not a legal professional, going up against someone like British Airways is scary - and it is intimidating,” she told the BBC.

Barber leaned on the knowledge gained while pursuing an A-level in law from Coventry City College and single-handedly put a case together. While researching at her local library, she came across a law that supported her argument.

The case took place on January 20 at Redditch Magistrates Court and after winning, Barber was awarded £2523.42 (NZ$4910). This covered the cost of flights, interest up to the judgment date, and costs.

Armed with new knowledge of travellers’ rights, Barber has joined several Facebook groups dedicated to people in similar situations and offered help.

“If I can get more people their refunds....I think that is the ideal outcome,” she said.

According to British Airways, the airline was the first to offer customers flexibility with vouchers.

“We were the first UK airline to offer customers the unprecedented flexibility to change their plans during the pandemic by providing them with vouchers for future travel,” read a statement from a British Airways spokesperson.

Vouchers are a popular option when businesses can no longer provide a service, according to consumer solicitor Gary Rycroft.

“When a business cancels a service that they have previously promised to provide it is not unusual for the business to offer vouchers, but it is really important for consumers to understand they don’t have to accept vouchers - they are entitled to a full cash refund,” he said.

Rycroft was “absolutely thrilled” to see Barber “stick to her guns”.