header-logo header-logo

Home Login E-newsletter About us
02 June 2021 / Daniel Black
Issue: 7935 / Categories: Features , Aviation , EU
printer mail-detail

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 Law post-Brexit at [51]-[84]. For all involved in the

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

Read All
Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Read All
NLJ this week: No such thing as a ‘Welsh seat’
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
NLJ this week: Jury reform risks justice for efficiency’s sake
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
NLJ this week: Crypto fightback offers ‘new frontier for law’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
NLJ this week: Time to revive the duty to report crime?
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
NLJ this week: When are experts truly ‘necessary’?
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
Copyright © 2026 LexisNexis
back-to-top-scroll