LIPTON AND ANOTHER V BA CITY FLYER LTD

[2021] EWCA Civ 454, Court of Appeal, Lord Justice Coulson, Lord Justice Haddon-Cave and Lord Justice Green, 30 March 2021

Aviation – Compensation for delay – Whether illness of captain constituted "exceptional circumstances" – Regulation (EC) No 261/2004 – Air Passenger Rights and Air Travel Organisers' Licensing (Amendment) (EU Exit) Regulations 2019

On 30 January 2018 the claimants were booked on a BA flight Milan to London City Airport. The flight was scheduled to depart from Milan at 17.05 local time and arrive at London City at 18.05 local time. The captain reported that he was not feeling well at 16.05 local time when he was off duty and not at his place of work. He was found to be unwell. As a result of the captain's illness, the decision to cancel the flight was taken at 18.07 local time. The claimants were re-booked onto another flight and eventually arrived at London City two hours and 36 minutes late. Under article 5 of Regulation (EC) 261/2004 a passenger whose flight is cancelled or significantly delayed is entitled to compensation. There is an exception for "extraordinary circumstance"”, a phrase not defined.