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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

Sackers—Zak Ullah

Sackers—Zak Ullah

Sackers welcomes new associate

Christy Davies—Birmingham Law Society

Christy Davies—Birmingham Law Society

Ward Hadaway lawyer joins Birmingham Law Society Council

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons expands Chelmsford commercial litigation team with two appointments

NEWS
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Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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