header-logo header-logo

01 February 2007 / Marianne Butler
Issue: 7258 / Categories: Features , EU , Regulatory
printer mail-detail

Unfit to fly?

Marianne Butler reviews the airlines’ defence to rebut compensation claims for cancelled flights

Regulation 261/2004/EC (the regulation) provides common rules on compensation and assistance to passengers who are denied boarding or experience cancellation or long delay on any flight out of the EU and on certain flights into the EU.

Compensation for cancelled flights is fixed depending on the length of the flight. However, the airlines are afforded a complete defence where the cancellation is caused by “extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken” (see the Art 5(3) defence).

HARBORD

An NLJ article last year (see 156 NLJ 7233, p 1124) investigated what redress airline passengers could expect under the regulation and examined Harbord v Thomas Cook Airlines, 30 January 2006, unreported. In Harbord a passenger obtained £840 compensation where a technical fault on one of the airline’s fleet had led to his flight’s cancellation.  The judge held that an airline could only rely on the Art 5(3) defence where it could show that

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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
The High Court has upheld a rare successful serious-irregularity challenge after an arbitrator relied on an implied term neither party had advanced
Thirty years after The Future of Law shook a profession still using fax machines, its central forecast looks increasingly less like prophecy and more like description
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
back-to-top-scroll