Lipton & Anor v BA City Flyer Ltd

Lipton & Anor v BA City Flyer Ltd

The illness of the captain, resulting in non-attendance and flight cancellation, is an inherent part of the airline's operational risks and does not constitute 'extraordinary circumstances' under Article 5(3) of Regulation (EC) 261/2004. The timing or cause of the illness (on or off duty) is irrelevant; airlines...

Source-derived case information.

Parties
Appellant: Lipton & Anr.; Respondent: BA City Flyer Limited
Jurisdiction
England and Wales
Judgment Date
30 March 2021
Procedural Posture
Civil Appeal / Appeal From Circuit Judge to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Flight Cancellation Compensation, Extraordinary Circumstances Under Regulation (ec) 261/2004, Staff Illness and Operational Risk, Interpretation of Retained EU Law Post Brexit
Aviation Law Consumer Protection EU Law Flight Cancellation Compensation Extraordinary Circumstances Under Regulation (ec) 261/2004 Staff Illness and Operational Risk Interpretation of Retained EU Law Post Brexit

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Parties

Lipton & Anr.

Appellant

BA City Flyer Limited

Respondent

Procedural Posture

Civil Appeal / Appeal From Circuit Judge to Court of Appeal

Legal Issues

  1. 1 Whether the illness of a flight captain, leading to flight cancellation, constitutes 'extraordinary circumstances' under Regulation (EC) 261/2004, Article 5(3)
  2. 2 Whether the timing and cause of the captain's illness (on or off duty) affects the airline's liability for compensation
  3. 3 How retained EU law and post-Brexit legislative changes affect passenger compensation rights

Ratio Decidendi

The illness of the captain, resulting in non-attendance and flight cancellation, is an inherent part of the airline's operational risks and does not constitute 'extraordinary circumstances' under Article 5(3) of Regulation (EC) 261/2004. The timing or cause of the illness (on or off duty) is irrelevant; airlines must make provision for staff illness as a routine matter. The appeal is allowed and compensation is due.

Court Disposition

Appeal allowed

Orders

  • Respondent to compensate appellants for the cancelled flight from Milan to London