02 June 2021 / Daniel Black

Issue: 7935 / Categories: Features , Aviation , EU

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Extraordinary events & flight compensation: turbulent times?

© Copyright LexisNexis 2026. All Rights Reserved.

50419

In the light of a recent case, Daniel Black discusses the approach to balancing the interests of airlines with compensation claims for consumers

Lipton v BA City Flyer: a misstep by the Court of Appeal on ‘extraordinary circumstances’ and flight compensation claims?

Under Regulation (EC) 2547 No 261/2004 (the Regulation) passengers whose flight is cancelled or is sufficiently delayed are entitled to statutory compensation. It is a necessary but not sufficient (more on which later) condition for an airline to escape the default position of paying-out that the cancellation (or qualifying delay—being a delay amounting to at least three hours on arrival) was caused by ‘extraordinary circumstances’. As well as considering this issue, the case of Lipton v BA City Flyer [2021] EWCA Civ 454, [2021] All ER (D) 129 (Mar) is additionally of importance in confirming that the Regulation is part of UK law after Brexit (albeit in an altered form), and because of Lord Justice Green’s analysis of the operation and interpretation of EU derived

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Extraordinary events & flight compensation: turbulent times?

© Copyright LexisNexis 2026. All Rights Reserved.

Issue: 7935 / Categories: Features , Aviation , EU

50419

In the light of a recent case, Daniel Black discusses the approach to balancing the interests of airlines with compensation claims for consumers

Lipton v BA City Flyer: a misstep by the Court of Appeal on ‘extraordinary circumstances’ and flight compensation claims?

Under Regulation (EC) 2547 No 261/2004 (the Regulation) passengers whose flight is cancelled or is sufficiently delayed are entitled to statutory compensation. It is a necessary but not sufficient (more on which later) condition for an airline to escape the default position of paying-out that the cancellation (or qualifying delay—being a delay amounting to at least three hours on arrival) was caused by ‘extraordinary circumstances’. As well as considering this issue, the case of Lipton v BA City Flyer [2021] EWCA Civ 454, [2021] All ER (D) 129 (Mar) is additionally of importance in confirming that the Regulation is part of UK law after Brexit (albeit in an altered form), and because of Lord Justice Green’s analysis of the operation and interpretation

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

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