Airspeed read - Lipton v BA Cityflyer Ltd [2024] UKSC 24: pilot illness and the continuing erosion of "extraordinary circumstances"

Aviation | 12/07/2024

On Wednesday 10 July 2024 the UK Supreme Court handed down its highly anticipated judgment in Lipton v BA Cityflyer Ltd, which concerned a claim for compensation under Regulation (EC) No. 261/2004 ("Regulation 261"). The judgment has serious implications for the interpretation of the concept of "extraordinary circumstances" for the purposes of Regulation 261 and its successor in UK law, as well as for the approach that UK courts will take towards the interpretation of retained EU law going forward.

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