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EU LAW
Lipton and another (Respondents) v BA Cityflyer Ltd (Appellant)
Case summary
Case ID
UKSC/2021/0098
Parties
Appellant(s)
BA Cityflyer Ltd
Respondent(s)
Kenneth Lipton
Linda Lipton
Intervener(s)
Civil Aviation Authority
Issue
Is a pilot unexpectedly falling ill while off-duty an "extraordinary circumstance which could not have been avoided even if all reasonable measures had been taken" within the meaning of EC Regulation 261/2004 (the "Regulation"), which provides for air carriers to pay compensation to passengers of cancelled flights?
Facts
In January 2018, Mr and Mrs Lipton's flight from Milan to London was cancelled because their pilot unexpectedly and suddenly fell ill at short notice while he was at home and off duty. They were placed on another flight which arrived 2 hours and 36 minutes after their original scheduled arrival time. Mr and Mrs Lipton claimed compensation under EC Regulation 261/2004 which provides for air carriers to pay compensation to passengers of cancelled flights, subject to certain conditions. The air carrier, BA Cityflyer Limited, defended the claim on the basis that the pilot's illness constituted an "extraordinary circumstance which could not have been avoided even if all reasonable measures had been taken", which meant it was not obliged to provide compensation. The air carrier succeeded in the Portsmouth County Court and on appeal at the Winchester County Court, but lost on appeal to the Court of Appeal, which gave judgment for Mr and Mrs Lipton. The air carrier now appeals to the Supreme Court.
Date of issue
26 April 2021
Judgment appealed
Judgment details
Judgment date
10 July 2024
Neutral citation
[2024] UKSC 24
Judgment links
Judgment summary
10 July 2024
Appeal
Justices
Hearing dates
Start date
6 February 2024
End date
6 February 2024
Watch hearings
6 February 2024 - Morning session
6 February 2024 - Afternoon session
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Last updated 16 April 2024