UK261 vs EU261: Flight Compensation After Brexit Explained

What UK261 actually is

When the UK left the EU, it copied EU261 into domestic law almost word for word as retained legislation. The result, usually called UK261, keeps the same structure: compensation for cancellations and long delays, rebooking duties, and the right to care. Pre-Brexit rulings from the EU Court of Justice were retained too, so the case law that extended compensation to long delays still binds UK courts.

The practical differences come down to three things: the currency, the geography that triggers each rule, and who enforces it. Everything below flows from those three.

The amounts: pounds vs euros

Both regimes pay fixed amounts based on the straight-line distance of the journey, provided you arrived at your final destination three or more hours late or suffered a qualifying cancellation:

The figures are not converted at the day's exchange rate — they are fixed in law. Depending on where the pound sits, the UK amounts can be worth slightly less or slightly more than their EU equivalents.

• Up to 1,500 km: £220 under UK261, €250 under EU261
• 1,500–3,500 km, plus longer flights within the EU: £350 or €400
• Over 3,500 km: £520 or €600
• Long-haul arrivals 3–4 hours late: the top tier is halved to £260 or €300

Which rule covers your route: concrete examples

Scope is where the regimes split. UK261 covers any flight departing a UK airport, plus flights arriving into the UK on a UK or EU carrier. EU261 covers any flight departing an EU airport, plus flights arriving into the EU on an EU carrier. Run some real routes through that filter:

When both rules technically apply, you choose one — usually the regime whose courts and regulators are easiest for you to reach. You cannot collect twice for the same flight.

• London → Madrid, any airline: UK261 — it departs the UK. On an EU carrier such as Iberia, EU261's arrival rule can also be triggered, but you claim once
• Madrid → London, EU carrier: EU261 — it departs the EU. It also falls within UK261's arrival scope, since it lands in the UK on an EU carrier
• New York → London, British Airways: UK261 only — it arrives in the UK on a UK carrier. EU261 does not apply at all
• New York → Paris, US carrier: neither — it departs outside both areas, and a US airline triggers no arrival rule

Who enforces what

In the UK, the Civil Aviation Authority (CAA) oversees the rules, and most airlines belong to an approved ADR scheme that resolves disputes for free or for a small fee. If that fails, you can sue in the small claims court — a route many passengers use successfully without a lawyer.

In the EU, each member state runs its own national enforcement body — AESA in Spain or the LBA in Germany, for example — and complaints generally go to the body for the country where the disruption happened. Speed and rigour vary a lot between countries, which is one reason claim services do brisk business on EU claims.

Will UK and EU rules drift apart?

They can. UK courts keep EU case law from before 2021, but they are not bound by anything the EU Court of Justice decides after Brexit. If the CJEU issues a new passenger-friendly ruling, the UK can follow it, ignore it, or go its own way.

As of 2026 the two regimes still mirror each other in substance: no divergence has touched the compensation amounts or the three-hour threshold. But it is worth knowing which regime your claim sits under, because future rulings may treat the same situation differently on each side of the Channel.

Deadlines: you have longer than you think

In England and Wales you have six years from the flight to bring a claim, and in Scotland five. These are court limitation periods, so even a delay from several years back can still pay out. In the EU, deadlines are set by each member state and vary widely — from about a year in some countries to ten in others — so check the rule for the country whose courts would hear your case.

UK261 vs EU261 at a glance

Side by side, here is how the two regimes compare:

• Amounts: £220 / £350 / £520 vs €250 / €400 / €600
• Delay threshold: three or more hours at the final destination — identical
• Scope: departs the UK, or arrives in the UK on a UK or EU carrier vs departs the EU, or arrives in the EU on an EU carrier
• Regulator: CAA plus ADR schemes vs a national enforcement body in each EU state
• Court deadline: six years in England and Wales, five in Scotland vs varies by EU country
• Case law: shared until 2021; UK courts may diverge from newer CJEU rulings
• Double claims: not allowed — one regime, one payout per flight

Claiming in practice: keep the whole payout

Whichever regime applies, claiming directly is free. Write to the airline, name the regulation — UK261 or EU261 — give the flight details and your arrival delay, and state the amount you are owed. If the airline refuses or goes quiet, escalate to the ADR scheme or enforcement body, or file in the small claims court.

Claim companies charge roughly 25–35% of the payout on success. That can be money well spent when an airline stonewalls for months, when the case needs court action in another country, or when you would simply rather lose a slice than spend evenings on paperwork. For a straightforward delayed flight, the free direct claim usually works — check what you are owed first, then decide who pursues it.