Lipton and Another v BA Cityflyer Ltd
Why It Matters
The ruling will determine airlines’ liability for cancellations caused by crew illness and could narrow or expand passenger compensation claims post‑Brexit by clarifying which version of Regulation 261 and which precedent apply. That outcome has direct financial implications for carriers and affects consumer protections in UK air travel.
Summary
The appeal centers on whether a flight cancellation caused by a captain’s sudden, off-duty illness constitutes an 'extraordinary circumstance' under Regulation 261 and thus bars passenger compensation. The case is complicated by Brexit-era statute changes: the dispute requires deciding which version of the regulation—the original EU text or the amended retained domestic regulation—applies and what interpretive principles and prior EU decisions bind the UK courts. The Court of Appeal treated the amended domestic regulation as applicable, creating potential divergence from pre‑exit EU authority. The hearing also addressed procedural questions about which retained/assimilated law provisions govern and how those changes affect passengers’ rights.
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