Lipton v BA City Flyer Limited [2021] EWCA Civ 454

31st March 2021 by admin

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Neutral Citation Number: [2021] EWCA Civ 454

Case No: B2/2020/0456

IN THE COURT OF APPEAL (CIVIL DIVISION)

ON APPEAL FROM PORTSMOUTH COMBINED COURT

HHJ IAIN HUGHES QC

E17477835

Royal Courts of Justice

Strand, London, WC2A 2LL

 

Date: 30/03/2021

Before :

 

LORD JUSTICE COULSON

LORD JUSTICE HADDON-CAVE
and

LORD JUSTICE GREEN

– – – – – – – – – – – – – – – – – – – – –

Between :

 

	Lipton & Anr.	Appellant
	– and –
	BA City Flyer Limited	Respondent

 

– – – – – – – – – – – – – – – – – – – – –

– – – – – – – – – – – – – – – – – – – – –

 

Michael Rawlinson QC and Max Archer (instructed by Hayward Baker Solicitors) for the Appellant

Akhil Shah QC and Nicolas Damnjanovic (instructed by Norton Rose Fulbright LLP) for the Respondent

 

Hearing date : 2 March 2021

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Approved Judgment

LORD JUSTICE COULSON :

1. INTRODUCTION

• Passengers whose flights are cancelled or significantly delayed are entitled to compensation under Regulation (EC) 261/2004 (“the Regulation”). The only way in which the air carrier can avoid paying such compensation is by demonstrating that the cancellation or significant delay was caused by ‘extraordinary circumstances’. In the present case, the appellants’ flight was cancelled because the captain did not attend for work due to illness. The respondent maintained that, because the captain became ill while he was off-duty, his non-attendance was an extraordinary circumstance within the meaning of the Regulation. Both the Deputy District Judge and the Circuit Judge accepted the respondent’s argument. The appellants appeal to this court on the basis that the captain’s non-attendance did not amount to an extraordinary circumstance, and that it cannot matter whether the captain became ill when he was on or off duty.
• Although the point is ultimately a short one, a large number of authorities were referred to in the written submissions. We are grateful to both leading counsel for the economy and efficiency of their subsequent oral submissions.