Post-Brexit passenger rights

UK 261 vs EU 261 - Which Rules Apply to Your Flight in 2026?

After Brexit, flight compensation claims involving the UK and the EU are split between two very similar regimes. The practical question is simple: did your flight fall under UK 261, EU 261, or neither?

A cornerstone ClaimWinger guide for passengers comparing UK 261 and EU 261: route rules, compensation bands, time limits, enforcement and cross-border examples.

TL;DR: the quick rule

In most cases, the regulation is determined by the departure airport. UK departures are normally covered by UK 261. EU departures are normally covered by EU 261. If the flight starts outside the UK and EU, the operating airline and destination become important.

Your flight scenario	Likely regulation	Compensation currency
Departing from a UK airport	UK 261	GBP 220-520
Departing from an EU airport	EU 261	EUR 250-600
EU airline arriving in the EU from outside the EU	EU 261	EUR 250-600
UK airline arriving in the UK from outside the UK	UK 261	GBP 220-520
UK airline arriving in the EU from outside the EU/UK	UK 261 may apply under UK rules	GBP 220-520
Non-EU/non-UK airline departing outside the EU/UK	Usually neither UK 261 nor EU 261	Check local rules

Important practical point

UK 261 and EU 261 are very close cousins. They protect similar rights: fixed compensation, refund or rerouting, and care during disruption. The differences that usually matter are currency, time limits, court forum and the enforcement body.

Not sure which rule applies?

Submit the route and flight details. We will check whether UK 261, EU 261 or another framework is relevant.

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How UK 261 came into existence

Before Brexit, UK passengers relied on Regulation (EC) No 261/2004 in the same way as passengers in other EU member states. After the UK left the EU, the UK retained and amended the passenger-rights framework through domestic legislation. The result is commonly called UK 261.

UK 261 keeps the core structure of EU 261: compensation for qualifying long delays, cancellations and denied boarding; the right to reimbursement or rerouting; and care such as meals, communication, hotel accommodation and transport where the waiting time requires it.

The main visible change is currency. EU 261 compensation is expressed in euros. UK 261 compensation is expressed in pounds sterling. Another important change is interpretive: UK courts are no longer automatically bound by new CJEU case law, although earlier EU case law remains highly influential in many passenger-rights disputes.

The decision tree: which regulation applies?

Question 1: where did the flight depart?

If the flight departed from a UK airport, UK 261 is usually the starting point, regardless of whether the airline is British, European, American, Middle Eastern or Asian. If the flight departed from an EU airport, EU 261 is usually the starting point, again regardless of airline nationality.

Question 2: if the flight departed outside the UK and EU, who operated it?

Flights from outside the UK/EU require a second step. EU 261 can cover flights into the EU when operated by an EU carrier. UK 261 can cover flights into the UK on a UK or EU airline, and UK guidance also covers certain UK carrier flights arriving in the EU. A non-EU/non-UK airline departing outside the UK/EU will usually fall outside both regimes.

Question 3: was it one booking or separate self-transfer tickets?

For a single booking with one PNR, compensation is usually assessed by looking at the journey to the final destination. If you bought separate tickets, each flight is assessed separately. The UK CAA also highlights that self-transfer passengers do not have the same statutory protection for a missed onward flight caused by a delay on a separate booking.

One booking is stronger

If you are planning a journey with a connection, one ticket usually gives you stronger protection than two separate tickets. The legal analysis is cleaner, and the airline is more likely to be responsible for getting you to the final destination.

Compensation amounts side by side

Both regimes use the same distance bands. The amount is fixed by law and is not linked to your ticket price. A passenger on a low-cost fare can be entitled to the same statutory amount as a passenger on a much more expensive ticket on the same route.

Distance band	UK 261	EU 261
Up to 1,500 km	GBP 220	EUR 250
1,500-3,500 km	GBP 350	EUR 400
Over 3,500 km	GBP 520	EUR 600
Long-haul rerouting, 3-4 hour arrival delay	GBP 260	EUR 300

Exchange rates can make one regime look slightly higher than the other at a given moment, but passengers do not normally get to choose the more favourable currency. The applicable regulation follows the route and carrier rules, not the passenger preference.

For long-haul flights, compensation can be reduced in some rerouting scenarios if the passenger arrives within the relevant time window. For example, a long-haul arrival delay between three and four hours may lead to the reduced long-haul amount rather than the full amount.

Time limits: the biggest practical difference

EU 261 does not create one single limitation period for every EU country. National law matters. That is why the same airline issue can have a very different urgency depending on where the claim is brought.

Jurisdiction	Common practical limitation period
United Kingdom	usually 6 years
Poland	often 1 year in Polish transport cases
Germany	usually 3 years
France	usually 5 years
Spain	usually 5 years
Italy	usually 2 years
Netherlands	usually 2 years
Belgium	often 1 year
Ireland	usually 6 years

Poland can be urgent

Poland is especially important for ClaimWinger clients because many LOT, Wizz Air and Ryanair Poland-route cases touch Polish law. In practice, Polish transport claims can have a short one-year window, so delays should not be left until the last minute.

Limitation periods are technical. The exact answer can depend on the court, the airline seat, the departure airport, the type of claim and whether any steps have interrupted or suspended the period. Treat the table as a practical warning system, not as a substitute for case review.

Enforcement: who do you complain to?

UK 261

UK 261 cases usually start with the airline. If the airline refuses or ignores the claim, the next step may be an Alternative Dispute Resolution provider, if the airline is signed up to one, or the UK CAA's Passenger Advice and Complaints Team. Court action is usually through the County Court route for smaller claims.

EU 261

EU 261 cases also begin with the airline. Escalation can go to the national enforcement body in the relevant EU country, an ADR scheme where available, a consumer centre in cross-border matters, or a national court. The practical strength and speed of enforcement differ between countries.

This is where route strategy matters. A simple London-to-Warsaw case and a Warsaw-to-London case can look almost identical to a passenger, but the claim path, currency and limitation analysis can be different.

Common cross-border scenarios

These examples cover the situations that cause the most confusion. They are simplified, so the operating carrier, ticket structure and actual disruption still need to be checked.

Scenario	Likely rule	Why it matters
London to Warsaw	UK 261	UK departure; claim usually in GBP
Warsaw to London	EU 261	EU departure; Polish limitation can be short
Madrid to London to New York, one booking	EU 261	First departure is in the EU; final-arrival delay matters
London to Dublin	UK 261	UK departure, even though Ireland is in the EU
Dublin to London	EU 261	EU departure; claim usually in EUR
New York to London on British Airways	UK 261	UK airline arriving in the UK
New York to London on United	Usually neither	Non-UK/non-EU airline departing outside UK/EU
New York to Paris on Air France	EU 261	EU airline arriving in the EU
Manchester to Tokyo on ANA	UK 261	UK departure covers any operating airline

Polish passengers living in the UK

A large group of ClaimWinger clients are Polish passengers living in the UK. A Christmas or Easter trip can involve both regimes: London to Warsaw under UK 261, then Warsaw to London under EU 261. The outbound and return legs may therefore have different currencies, deadlines and enforcement paths.

If the case involves LOT, Wizz Air, Ryanair or another Poland route, read our Polish airlines compensation guide. It explains why Polish departures require particular attention to limitation periods and documentation.

Post-Brexit divergence: are the rules drifting apart?

UK 261 began as a close copy of EU 261, so the two systems remain very similar. The familiar passenger-friendly ideas from EU case law still matter in practice: ordinary technical faults are usually not extraordinary circumstances, airline-side crew issues are often treated differently from external air traffic control events, and final-arrival delay is central for compensation.

The divergence risk is gradual. UK courts can develop their own interpretation of UK 261, while EU courts continue developing EU 261. Over time, edge cases may split: pandemic disruption, strike classification, jurisdiction questions or the exact treatment of complex rerouting.

The practical answer for passengers

For ordinary delay, cancellation and denied boarding claims, the result will often be similar under both regimes. The bigger day-to-day differences are procedural: where to complain, how long you have and what currency the airline should pay.

Action steps: identify the rule in 60 seconds

Find the departure airport. UK departure usually means UK 261; EU departure usually means EU 261.
If departure was outside UK/EU, check the operating airline. EU and UK carriers can extend protection on some inbound routes.
Check whether it was one booking. One PNR is usually stronger than separate self-transfer tickets.
Calculate the final arrival delay. For delay compensation, the key threshold is usually at least three hours at the final destination.
Check the reason for disruption. Extraordinary circumstances can remove fixed compensation, but not necessarily care or refund rights.
Check the limitation period early. UK claims may have years; some EU claims need much faster action.

UK 261 or EU 261 - we handle both

ClaimWinger checks the applicable regulation, route, carrier, evidence and deadline before deciding how to proceed.

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How ClaimWinger handles cross-border cases

ClaimWinger is built for cases that cross borders. We can communicate with passengers in English and Polish, deal with airline correspondence, and assess whether the claim belongs under UK 261, EU 261 or another route.

UK 261 and EU 261 route analysis,
flight distance and compensation band calculation,
airline response review, including extraordinary-circumstances denials,
deadline checks for UK, Poland and other EU jurisdictions,
no win, no fee handling where the case is suitable.

The service fee is explained on our pricing page. For the process, see how it works. If your flight was cancelled rather than delayed, start with our cancelled flight compensation page.

FAQ: UK 261 vs EU 261

1. What is the main difference between UK 261 and EU 261?

UK 261 protects covered UK flights, while EU 261 protects covered EU flights. The passenger rights are very similar, but currency, enforcement bodies, courts and limitation periods can differ.

2. Which regulation applies if I am flying from London to Warsaw?

UK 261 applies because the flight departs from a UK airport. The claim is usually assessed in pounds and the UK limitation period is generally more generous than many EU jurisdictions.

3. Which regulation applies if I am flying from Warsaw to London?

EU 261 applies because the flight departs from an EU airport. The claim is usually assessed in euros, and Poland can have a short limitation period, so it is worth acting quickly.

4. What if I am a US passenger flying United from New York to Heathrow?

Usually neither UK 261 nor EU 261 applies, because the flight departs outside the UK/EU and is operated by a non-UK/non-EU airline. US rules and the contract of carriage may still matter.

5. Are the compensation amounts the same?

The distance bands are the same. UK 261 uses GBP 220, GBP 350 and GBP 520. EU 261 uses EUR 250, EUR 400 and EUR 600. Exchange rates change, but the statutory figures are fixed.

6. Do I have longer to claim under UK 261?

Often yes. UK claims are commonly assessed against a 6-year limitation period, while EU limitation periods depend on national law and can be much shorter, for example in Poland.

7. Can a UK passenger claim under EU 261?

Yes. Nationality is not the deciding factor. If a UK passenger departs from Paris, Madrid, Warsaw or another EU airport, EU 261 can apply.

8. What happens with connecting flights?

For one booking, the journey is usually assessed as a whole and final-arrival delay matters. For separate self-transfer tickets, each flight is assessed separately.

9. Do CJEU rulings still matter for UK 261?

Pre-Brexit CJEU rulings remain influential in UK passenger-rights cases, although UK courts can develop their own interpretation for UK 261 over time.

10. Does UK 261 apply to a UK airline arriving in an EU airport?

UK guidance indicates UK law can cover flights arriving at an EU airport on a UK airline. In practice, these cases should be checked carefully because route, operator and forum all matter.

11. Can ClaimWinger handle both UK and EU cases?

Yes. ClaimWinger can assess which regulation applies, communicate with airlines and handle cross-border cases under both EU 261 and UK 261 where the claim is eligible.

12. Is the ClaimWinger fee different for UK passengers?

ClaimWinger works on a no win, no fee basis. The commission is 30% plus VAT where applicable; VAT treatment depends on the customer and service context, so the pricing page explains the current approach.

Legal sources: Regulation (EC) No 261/2004, The Air Passenger Rights and Air Travel Organisers' Licensing (Amendment) (EU Exit) Regulations 2019, and UK Civil Aviation Authority guidance on cancellations.