Rosenblatt & Anor v British Airways Plc [2016] EW Misc B23 (CC) (20 April 2016)

Rosenblatt & Anor v British Airways Plc [2016] EW Misc B23 (CC) (20 April 2016)

Bird strike is not inherent in the normal exercise of an airline's activity and is beyond the airline's actual control; industry guidance supports its classification as an extraordinary circumstance. The airline took all reasonable measures. Therefore, Article 5.3 applies and exempts the airline from compensation liability for the delay.

Citation
[2016] EW Misc B23 (CC)
Parties
Claimant: [Claimants not named in extract]; Defendant: British Airways Plc
Jurisdiction
England and Wales
Judgment Date
20 April 2016
Procedural Posture
Statutory Compensation Claim Under Regulation (ec) No. 261/2004 / Reserved Judgment After Trial; Amendment to Particulars of Claim Allowed at Hearing
Outcome
Claim dismissed
Legal Topics
Flight Delay Compensation, Extraordinary Circumstances Exemption, Interpretation of Regulation (ec) No. 261/2004, Article 5.3 and Article 7 of the Regulation, Interest on Statutory Compensation
Aviation Law Consumer Protection EU Law Flight Delay Compensation Extraordinary Circumstances Exemption Interpretation of Regulation (ec) No. 261/2004 Article 5.3 and Article 7 of the Regulation Interest on Statutory Compensation

Case Brief

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Parties

[Claimants not named in extract]

Claimant

British Airways Plc

Defendant

Procedural Posture

Statutory Compensation Claim Under Regulation (ec) No. 261/2004 / Reserved Judgment After Trial; Amendment to Particulars of Claim Allowed at Hearing

Legal Issues

  1. 1 Whether a bird strike constitutes 'extraordinary circumstances' under Article 5.3 of Regulation (EC) No. 261/2004, exempting the airline from compensation liability for flight delay
  2. 2 Whether all reasonable measures were taken by the airline to avoid or mitigate the delay
  3. 3 Whether interest is payable on statutory compensation under s.69(1) County Courts Act 1984

Ratio Decidendi

Bird strike is not inherent in the normal exercise of an airline's activity and is beyond the airline's actual control; industry guidance supports its classification as an extraordinary circumstance. The airline took all reasonable measures. Therefore, Article 5.3 applies and exempts the airline from compensation liability for the delay.

Court Disposition

Claim dismissed