PILOT ILLNESS IS NOT 'AN EXTRAORDINARY CIRCUMSTANCE'

In a recent Judgment the Supreme Court found that a pilot's illness did not amount to an extraordinary circumstance, for the purposes of regulation 261 EC Regulation 2004. See https://www.supremecourt.uk/cases/docs/uksc-2021-0098-press-summary.pdf

Had the Court accepted that the pilot's illness was an extraordinary circumstance, then the Appellant would not have been required to pay the Respondent's to the appeal/the Claimants in the action and the passengers, compensation under the aforesaid regulations.

The Claimants were just over 2.5 hours late in arriving at London due to the Appellant - City Flyer, cancelling their flight when they were unable to find a replacement pilot.

The Court stated that staff illness was an ordinary factor involved in operating a flight business. This conclusion would appear to be entirely in line with common sense and commercial reality.

The Court also had to decide whether post or pre Brexit legislation applied as when the action was brought, the UK had not yet left the EU. The Court decided to apply the pre Brexit legislation and in doing so, upheld the well established rule against retrospective law making.