Gerona passengers can sue

The plane crash-landed in a field

More than 70 passengers who were on a plane which crash-landed in Spain have been told they can sue their holiday company for compensation.

A judge ruled on Tuesday that the holidaymakers could take legal action against Thomson Holidays for psychological damage caused when their Britannia Airways Boeing 757 crashed in Gerona.

The plane was carrying 236 passengers from Cardiff when it was forced to land in a field in a heavy thunderstorm, in September 1999.

Several passengers later received compensation for physical injuries suffered.

But the group of 70 passengers successfully argued that they should be able to pursue a claim against Thomson for compensation for psychological injuries resulting from the crash.

'Good news' : solicitor Peter Evans

Judge Graham Jones ruled that Thomson is liable to compensate customers for psychiatric injuries because the company had not stated the limit of its liability for such injuries in its conditions of business.

But Judge Jones also ruled at Cardiff County Court that the passengers could not pursue further action against carrier Britannia Airways, as the firm is protected by the 1929 Warsaw Convention on air travel.

The Convention states that an airline can only be held responsible for physical and not psychological injury.

The ruling marks the first hurdle in the passengers' fight for compensation.

They will now try to prove in further court cases that Thomson is liable for the psychological injuries they suffered.

Solicitor Peter Evans, whose firm has been leading the legal battle and represents the majority of the claimants, said: "This ruling raises major issues for the whole travel industry about how they construct their terms and conditions.

'State clearly'

"What the judge effectively said is that - and this is the message not just to Thomson but to the entire travel industry - either they must accept damages for psychological injury or, if they don't wish to do so, they must make it clear in their terms and conditions of business.

"They can no longer hide behind the grossly outdated Warsaw Convention on air travel.

"This judgement is not just good news for our clients, it is good news for consumers in general."

We are confident that it will be established that the actions of the Britannia crew demonstrated nothing other than the highest level of professionalism in difficult circumstances

Thomson Holidays spokesman

Vale of Glamorgan MP, John Smith, who has campaigned on air travel safety issues, added: "This is a ground breaking judgement.

"It means that airline passengers who have incurred non-physical injuries as a result of flying can for the first time take action against companies who have arranged their flights.

"In the past, airlines have been protected under the limitations of the Warsaw Convention.

"This could have huge implications for the airline industry and their responsibility for the health and welfare of passengers."

In a statement, a spokesman for Thomson Holidays said the firm was confident it would prove it was not negligent.

He said: "We regret the court's finding that we are unable to rely on the provisions of the Warsaw Convention.

"(But) we are confident that it will be established that the actions of the Britannia crew demonstrated nothing other than the highest level of professionalism in difficult circumstances and that they were in no way negligent towards their passengers."

During the Gerona crash, the Boeing 757 plane twice hit the ground - and then skidded into a field breaking into three places.

The passengers have said they are still suffering nightmares and flashbacks.

The Civil Aviation Authority is still investigating what went wrong, but a criminal investigation cleared the pilot of any blame.