Supreme Court Decision in Favor of Passengers on Cancelled BA Flight May Impact Numerous Claims

A recent Supreme court ruling stated that two passengers, who experienced a British Airways (BA) flight cancellation due to staff illness, are entitled to compensation.

The case was initiated against BA Cityflyer, a branch of British Airways, by Kenneth and Linda Lipton from Westerham in Kent.

Their flight from Milan to London in January 2018 was canceled due to the pilot falling ill and not reporting for duty.

After being rebooked on another flight, the Liptons arrived in London 2.5 hours later than planned.

The couple sought £220 compensation from Cityflyer, but the company refused, citing the pilot’s illness as an extraordinary circumstance.

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Airlines have a defense if they can prove that the cancellation resulted from “extraordinary circumstances that could not have been avoided even with all reasonable measures taken.”

The initial claim was rejected by two courts before the Court of Appeal ruled in favor of the couple. Cityflyer then appealed to the Supreme Court, which upheld the decision.

The court stated that the pilot’s illness did not qualify as an extraordinary circumstance, as staff illness is a normal part of airline operations, similar to aircraft wear and tear.

It was highlighted that even if the pilot fell ill while off-duty, such incidents are expected given the rules pilots must adhere to outside working hours.

Despite the relatively small sum involved, the Supreme Court ruling has implications for numerous claims made annually under relevant legislation.

Studdert added, “However, this judgment definitively confirms that staff illness is not an extraordinary circumstance, and passengers are entitled to compensation when it causes delays or cancellations.”

EU Regulation

The Supreme Court decision also addresses the status of accrued EU law rights, as per the judgment.

At the time of the flight, Britain was still part of the EU, and EU Regulation 261 applied. This regulation provides protection for airline passengers seeking compensation for various factors.

By the time the case reached the Court of Appeal, the UK had exited the EU, leading to legislative changes.

Studdert noted, “The Supreme Court concluded that the Liptons’ right to compensation on the flight cancellation day is enforceable post-Brexit and constitutes ‘retained EU law.'”

‘Prepared to Fight’

In a joint statement issued by their legal representative, Kenneth and Linda Lipton welcomed the ruling as a victory.

They emphasized, “We view this not just as a win for us but as a triumph for those willing to fight for common sense and justice against powerful corporations with vast resources.”

The couple further expressed their reluctance to engage in the legal battle but felt compelled to pursue it due to the carrier’s stance throughout the process.

Their statement emphasized the perseverance of their smaller team against the airline, and they appreciated the correct conclusion reached.

PA Media contributed to this report.