European Union
Lipton and another v BA Cityflyer Ltd [2024] UKSC 24, [2024] All ER (D) 40 (Jul)
The Supreme Court dismissed the appellant airline, Cityflyer’s, appeal from a decision of the Court of Appeal, Civil Division holding that Cityflyer’s defence under Regulation (EC) 261/2004 (the Regulation) to the respondent’s claim for financial compensation for a delayed flight, had not been made out. The appeal concerned a claim for compensation in respect of a cancelled flight. The respondents had booked onto a flight operated by Cityflyer. The flight was cancelled because the pilot had not reported for work due to illness and it was not possible to find a replacement pilot. The respondents were rebooked onto a replacement flight and landed in London just over 2.5 hours later than scheduled. They claimed against Cityflyer for €250 (about £220) under the Regulation. The Regulation entitled passengers to compensation for cancelled flights. Airlines had a defence if they could show that the cancellation was the result of ‘extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken’. Cityflyer refused
