A recent Supreme Court ruling on airline pilot sickness also highlights the approach the courts should take on retained EU law
In this week’s NLJ, Anna Medvinskaia and Jack Brady, Gough Square Chambers, covers the case of Mr and Mrs Lipton’s cancelled London-to-Milan flight and the implications of the case for EU rights post-Brexit.
The case concerned whether a pilot falling ill counted as an ‘extraordinary circumstance’, in which case no compensation was due to the inconvenienced passengers.
Medvinskaia and Brady write: ‘The decision also provides welcome guidance on the application of retained EU law. Importantly, the Supreme Court has put to bed the notion that there is no such thing as accrued EU law rights.’
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