Lipton and another (Respondents) v BA Cityflyer Ltd (Appellant) UKSC 2021/0098

Mr and Mrs Lipton were represented at the Supreme Court by Michael Rawlinson KC and Max Archer of 12KBW and Daniel Isenberg of 11KBW instructed by Oliver Studdert and Demetrius Danas of Irwin Mitchell.

On Tuesday 6th February 2024, the Supreme Court were tasked with answering (1) whether passengers could claim compensation for delays or cancellation or whether a pilot’s unexpected illness constituted 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 and (2) what the correct source of law to be applied was following the UK’s exit from the EU and whether the Court ought to have considered the application of domestic retained rights or some form of accrued EU rights arising from the EU Regulation itself.

The judgment will join the growing landscape of decisions shaping the application and scope of EU law post-Brexit and will have far-reaching consequences for the rights of passengers attempting to pursue small claims relating to aviation delay. The decision will be handed down after deliberation by the Supreme Court.

Further details can be found on the Supreme Court website here.