header-logo header-logo

06 September 2024 / Anna Medvinskaia , Jack Brady
Issue: 8084 / Categories: Features , Procedure & practice , In Court , Consumer
printer mail-detail

Pilot sickness: a cure for compensation claims?

188094
Anna Medvinskaia & Jack Brady analyse the Supreme Court’s decision in Lipton v BA Cityflyer Ltd
  • Pilot sickness is not an ‘extraordinary circumstance’ for the purposes of Art 5(3) of Regulation (EC) 261/2004.
  • This article considers the application of retained EU law, in particular the existence of accrued EU law rights and the way in which those rights are carried forward post-Brexit.
  • It shows how under the European Union (Withdrawal) Act 2018, UK courts are not bound by post-Brexit CJEU judgments and cannot refer questions to the CJEU.

Regulation (EC) No 261/2004 (Regulation 261) on the rights of passengers travelling by air is one of the most litigated pieces of legislation to come out of the EU. A key issue that the courts continue to grapple with is the application of Art 5(3) of Regulation 261, which exempts operating carriers from the obligation to pay compensation to passengers if they can prove that the cancellation or long delay was caused by ‘extraordinary circumstances which

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
Artificial intelligence, proportionality and public decision-making are under increasing judicial scrutiny, according to the latest public law round-up from Herbert Smith Freehills Kramer
Families relying on informal agreements over property ownership could face costly consequences if disputes arise, the High Court has warned
back-to-top-scroll