header-logo header-logo

02 June 2021 / Daniel Black
Issue: 7935 / Categories: Features , Aviation , EU
printer mail-detail

Extraordinary events & flight compensation: turbulent times?

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

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

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis is delighted to announce the launch of the LexisNexis Legal Awards 2027, celebrating outstanding achievement, innovation and impact across the legal profession
The Legal Services Board (LSB) is to take further enforcement action against the Solicitors Regulation Authority (SRA), setting additional performance targets and ‘intensifying’ its oversight, it has said
Regulators missed several opportunities to intervene in PM Law Group before it collapsed, an independent review by City firm Jenner & Block has found
An employer’s vicarious liability for the alleged torts of an employee cannot be transferred by TUPE, the Court of Appeal has confirmed
Tiered fees of up to £1,500 for Legal Ombudsman (LeO) cases could leave firms with little option but to pay out, lawyers have warned
back-to-top-scroll