In this article for the New Law Journal, Anna Medvinskaia and Jack Brady analyse the Supreme Court’s decision in Lipton & another v BA Cityflyer Ltd [2024] UKSC 24.
In Lipton & another v BA Cityflyer Ltd [2024] UKSC 24, the Supreme Court considered whether pilot sickness is an ‘extraordinary circumstance’ for the purposes of Article 5(3) of Regulation (EC) 261/2004 such that air carriers are exempt from the obligation to pay compensation for cancelled or delayed flights.
The judgment contains interesting discussion on the application of retained EU law, in particular the existence of accrued EU law rights and the way in which those rights are carried forward post-Brexit. Practitioners will welcome the Court’s clarification that, under the European Union (Withdrawal) Act 2018, UK courts are not bound by post-Brexit CJEU judgments and cannot refer questions to the CJEU.
The article can be read for free here: NLJ September 2024
Kevin de Haan QC and Michael Coley represented the CAA.
The article was first published in the New Law Journal on 6thSeptember 2024.
