SANDRA DUNBAR AGAINST EASY JET AIRLINE COMPANY Ltd [2015] ScotSC 70 (04 November 2015)

SANDRA DUNBAR AGAINST EASY JET AIRLINE COMPANY Ltd [2015] ScotSC 70 (04 November 2015)

Although the original delay was caused by extraordinary circumstances (air traffic control decisions), the defender failed to prove that all reasonable measures were taken to avoid or minimise the delay to the pursuer's flight. The evidence regarding the unavailability of spare aircraft due to 'unexpected flight safety shortcomings' was insufficiently detailed and did not discharge the onus of proof. Therefore, the extraordinary circumstances defence was not established and compensation was awarded.

Citation
[2015] ScotSC 70
Parties
Pursuer: Sandra Jean Dunbar; Defender: Easy Jet Airline Company Limited
Jurisdiction
Scotland
Judgment Date
04 November 2015
Procedural Posture
Civil / Judgment
Outcome
Defender found liable to pursuer for compensation and expenses.
Legal Topics
Flight Delay Compensation, Extraordinary Circumstances Defence, EC Regulation 261/2004, Air Carrier Liability
Aviation Law Consumer Protection European Union Law Flight Delay Compensation Extraordinary Circumstances Defence EC Regulation 261/2004 Air Carrier Liability

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Parties

Sandra Jean Dunbar

Pursuer

Easy Jet Airline Company Limited

Defender

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the delay to the pursuer's flight was caused by extraordinary circumstances under EC Regulation 261/2004
  2. 2 Whether the defender took all reasonable measures to avoid or minimise the delay

Ratio Decidendi

Although the original delay was caused by extraordinary circumstances (air traffic control decisions), the defender failed to prove that all reasonable measures were taken to avoid or minimise the delay to the pursuer's flight. The evidence regarding the unavailability of spare aircraft due to 'unexpected flight safety shortcomings' was insufficiently detailed and did not discharge the onus of proof. Therefore, the extraordinary circumstances defence was not established and compensation was awarded.

Court Disposition

Defender found liable to pursuer for compensation and expenses.

Orders

  • Defender to pay pursuer €400 with interest at 8% per annum from 28 July 2014.
  • Defender to pay pursuer expenses of £73.00.