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Law digests: 19 July 2024

19 July 2024
Issue: 8080 / Categories: Case law , In Court , Law digest
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European Union

Lipton and another v BA Cityflyer Ltd [2024] UKSC 24, [2024] All ER (D) 40 (Jul)

The Supreme Court dismissed the appellant airline, Cityflyer’s, appeal from a decision of the Court of Appeal, Civil Division holding that Cityflyer’s defence under Regulation (EC) 261/2004 (the Regulation) to the respondent’s claim for financial compensation for a delayed flight, had not been made out. The appeal concerned a claim for compensation in respect of a cancelled flight. The respondents had booked onto a flight operated by Cityflyer. The flight was cancelled because the pilot had not reported for work due to illness and it was not possible to find a replacement pilot. The respondents were rebooked onto a replacement flight and landed in London just over 2.5 hours later than scheduled. They claimed against Cityflyer for €250 (about £220) under the Regulation. The Regulation entitled passengers to compensation for cancelled flights. Airlines had a defence if they could show that the cancellation was the result of ‘extraordinary circumstances which could not have been avoided

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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