UK261 vs EU261: What Changed After Brexit for Air Passengers

Introduction: Why Brexit Changed Everything for Flight Compensation

Brexit did not eliminate air passenger rights — but it fundamentally changed how, where, and under which law compensation claims must be assessed.

Many airlines deliberately exploit post-Brexit confusion. Passengers are often told:

• “EU261 no longer applies”

• “UK law is different”

• “Your flight is not covered anymore”

In reality, both EU261 and UK261 remain fully enforceable, but apply under different jurisdictional triggers. Understanding which regulation governs your flight is critical — and mistakes often cost passengers hundreds of euros or pounds.

This guide explains exactly what changed after Brexit, how UK261 differs from EU261, when airlines must pay compensation, and how MySkyHelp navigates cross-border claims airlines try to block.

What Is EU261?

EU Regulation 261/2004 (EU261) is the cornerstone of air passenger rights in Europe. It establishes fixed monetary compensation for flight disruptions caused by the airline.

EU261 applies when:

• Your flight departs from an EU airport, regardless of airline nationality

• Your flight arrives in the EU and is operated by an EU-registered airline

Covered disruptions:

• Flight delay of 3 hours or more

• Flight cancellation

• Missed connection

• Denied boarding due to overbooking

• Involuntary re-routing

• Operational and technical failures

Compensation amounts under EU261:

• €250 – flights up to 1,500 km

• €400 – intra-EU flights over 1,500 km and other flights 1,500–3,500 km

• €600 – flights over 3,500 km

Compensation is per passenger, independent of ticket price.

What Is UK261?

After Brexit, the United Kingdom retained EU261 in domestic law, creating UK261 (officially: The Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment) (EU Exit) Regulations 2019).

UK261 is not weaker, but jurisdictionally distinct.

UK261 applies when:

• Your flight departs from the UK, regardless of airline nationality

• Your flight arrives in the UK and is operated by a UK-registered airline

UK includes:

• England

• Scotland

• Wales

• Northern Ireland

• (Channel Islands and Isle of Man are also covered)

Compensation amounts under UK261:

• £220 – flights up to 1,500 km

• £350 – 1,500–3,500 km

• £520 – over 3,500 km

Amounts are paid in GBP, not euros.

Key Difference #1: Jurisdiction After Brexit

Before Brexit, EU261 governed almost all UK-EU flights. After Brexit:

This is where airlines intentionally mislead passengers.

Key Difference #2: Airlines Use Brexit as a Rejection Tool

Airlines frequently deny valid claims by arguing:

• “Wrong jurisdiction”

• “EU law no longer applies”

• “UK courts are not competent”

In reality:

• EU261 and UK261 coexist

• Claims may be enforceable even when airlines are foreign

• Jurisdiction depends on departure airport, arrival airport, and airline nationality

MySkyHelp assesses:

• Applicable regulation

• Court jurisdiction

• Enforcement strategy

• Cross-border legal leverage

This is why passengers filing claims alone face mass rejections.

Key Difference #3: Court Enforcement and Legal Strategy

EU261 enforcement:

• National Enforcement Bodies (NEBs)

• Civil courts in EU member states

• Strong CJEU case law

UK261 enforcement:

• UK civil courts

• UK CAA oversight

• Post-Brexit case law aligned with EU precedents

However, airlines often ignore passengers, knowing most will not litigate internationally.

MySkyHelp escalates claims through:

• Legal notices

• Partner law firms

• Cross-jurisdiction enforcement

• Amicable settlements when faster

When EU261 Does NOT Apply — and UK261 Might

EU261 does not apply if:

• Flight departs from a non-EU country

• Arrives in EU on a non-EU airline

• Disruption caused by extraordinary circumstances

But UK261 may still apply if:

• Departure was from the UK

• Airline is UK-registered

This overlap is where most passengers lose compensation without professional review.

Extraordinary Circumstances: Same Myth, Different Tactics

Both EU261 and UK261 exclude compensation for:

• Severe weather

• Air traffic control restrictions

• Security risks

• Political instability

However, airlines illegally classify as “extraordinary”:

• Technical defects

• Crew shortages

• Aircraft rotation issues

• Late incoming flights

• Operational decisions

Courts in both EU and UK repeatedly ruled these are airline responsibility.

UK261 vs EU261: Summary Table

Why Airlines Prefer You Don’t Know This

Airlines rely on:

• Brexit confusion

• Jurisdiction uncertainty

• Language barriers

• Legal intimidation

• Passenger fatigue

Statistics show:

• Over 60% of valid claims are initially rejected

• Professional handling triples success rates

Why MySkyHelp Wins Where Passengers Lose

MySkyHelp does not blindly apply EU261 or UK261.

We:

• Identify the strongest legal framework

• Combine regulations when possible

• Apply Montreal Convention where fixed schemes fail

• Use country-specific enforcement routes

• Handle airlines that AirHelp often avoids

Passengers do not argue with airlines. We do.

When to Claim Under EU261 vs UK261

If you:

• Flew from the UK → UK261 likely applies

• Flew from the EU → EU261 likely applies

• Flew UK ↔ EU → regulation depends on airline and direction

• Were denied compensation → professional reassessment is essential

Final Word: Brexit Changed Strategy, Not Rights

Brexit did not remove passenger rights.
It changed who must fight, where, and under which law.

Airlines adapted immediately.
Passengers did not.

That gap is exactly where MySkyHelp operates.

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