Lipton and another v BA Cityflyer Ltd

Lipton and another v BA Cityflyer Ltd

The illness of a pilot is not an 'extraordinary circumstance' under Article 5(3) of Regulation 261/2004; it is inherent in the normal operation of an airline and within its control. The Liptons' accrued right to compensation under the EU Regulation survived Brexit and is enforceable as retained EU law. The applicable law is the unamended EU text operative at the time of accrual, not the amended domestic version. The Supreme Court dismissed the appeal and confirmed the Liptons' entitlement to compensation.

Parties
Respondents: Lipton and another; Appellant: BA Cityflyer Ltd; Intervener: Civil Aviation Authority
Jurisdiction
England and Wales
Judgment Date
10 July 2024
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
Appeal dismissed
Legal Topics
Flight Cancellation Compensation, Retained EU Law, Interpretation Act 1978, Brexit Transition, Extraordinary Circumstances Under Regulation 261/2004
Aviation Law EU Law Constitutional Law Consumer Protection Flight Cancellation Compensation Retained EU Law Interpretation Act 1978 Brexit Transition +1 more

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Parties

Lipton and another

Respondents

BA Cityflyer Ltd

Appellant

Civil Aviation Authority

Intervener

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Does the illness of a pilot constitute 'extraordinary circumstances' under Article 5(3) of Regulation (EC) 261/2004, exempting the airline from compensation liability?
  2. 2 What is the correct legal basis for enforcing pre-Brexit accrued EU law rights post-Brexit: retained EU law or the Interpretation Act 1978?

Ratio Decidendi

The illness of a pilot is not an 'extraordinary circumstance' under Article 5(3) of Regulation 261/2004; it is inherent in the normal operation of an airline and within its control. The Liptons' accrued right to compensation under the EU Regulation survived Brexit and is enforceable as retained EU law. The applicable law is the unamended EU text operative at the time of accrual, not the amended domestic version. The Supreme Court dismissed the appeal and confirmed the Liptons' entitlement to compensation.

Court Disposition

Appeal dismissed

Orders

  • The appeal by BA Cityflyer Ltd is dismissed.
  • The Liptons are entitled to compensation under Regulation 261/2004 for the cancelled flight.