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

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MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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