Passengers are entitled to compensation of up to £520 if their flights are delayed by more than three hours but it is then down to them to contact the airlines themselves to make a claim.
This has raised concerns that many travellers are unaware of their rights, with few taking up the opportunity to seek compensation.
BA and easyJet will seek to fight off the case in a two-day court hearing this week. The airlines have argued that the lawsuit is “misconceived” and part of an attempt by lawyers to profit from passengers.
It is expected to reignite discussions over chronic travel disruption, which has been a significant issue ever since the pandemic as staff shortages and air traffic control chaos triggered delays and cancellations.
It comes as families prepare to jet off on their summer holidays, with new figures showing that BA has cancelled more than 4,000 flights from UK airports over the past year – more than double the number of cancellations by easyJet.
After the claim was first launched last year, director of policy and advocacy at consumer group Which? Rocio Concha said: “While airlines already have a legal responsibility to inform passengers of their rights to compensation and assistance when things go wrong, too often we hear that this is not taking place.
“That this case needs to be brought at all once again exposes the UK’s feeble passenger rights protections.”