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

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

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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