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

Katten Muchin Rosenman—Charlotte Hill

Katten Muchin Rosenman—Charlotte Hill

Katten strengthens financial markets and funds group in London

Hugh James—Keith Cundall & Lee Hart

Hugh James—Keith Cundall & Lee Hart

Hugh James expands national Serious Injury team with two new Partners

HFW—Rémi Ducloyer

HFW—Rémi Ducloyer

HFW continues Paris office growth with public law Partner hire

NEWS
The Court of Appeal's decision in Mazur v Charles Russell Speechlys LLP has lifted months of uncertainty for Chartered Legal Executives while prompting a rethink of regulation and supervision
The assisted dying debate returns to Westminster as Lauren Edwards MP reintroduces legislation that stalled in the House of Lords last session despite clearing the Commons
A little-noticed provision of the Crime and Policing Act 2026 has fundamentally expanded corporate criminal liability
Artificial intelligence is transforming legal practice, but careless reliance on it is creating growing professional risks
The law offers cohabiting couples surprisingly greater protection after one partner dies than when they separate during life
back-to-top-scroll