Delayed flights

A friend of mine recently returned from Florida on Virgin and received a text message on the day he was returning to say his flight had been delayed by 4 hours 50 mins.
My question would be do you think they said this not to go over the 5 hour conditions,and 2 at what point is the 5 hours delay taken from i.e departure time and time you actually pushback?
His flight was supposed to take off at 20.40 but pushed back at 02.20 do you think he has a valid claim?
Many thanks
Jurgen
My question would be do you think they said this not to go over the 5 hour conditions,and 2 at what point is the 5 hours delay taken from i.e departure time and time you actually pushback?
His flight was supposed to take off at 20.40 but pushed back at 02.20 do you think he has a valid claim?
Many thanks
Jurgen