Lipton v BA City Flyer. EU flight delay law following Brexit.

Update 27 July 2021 see the most interesting Q by Jack Williams whether theĀ  CA is not getting its retained EU law mixed up with acquired EU law and therefore whether the judgment might have been per incuriam.

A short flag of the Court of Appeals finding yesterday in Lipton & Anor v BA City Flyer Ltd [2021] EWCA Civ 454 in which Coulson LJ, in discussing whether the airline had given proof of ‘extraordinary circumstances’ justifying flight delay, gives a perfectly clear overview of the provisions in the EU-UK Trade and Cooperation Agreement – TCA and relevant statutory provisions in the UK itself. In the case itself, the impact of these rules on passengers’ claims under the Flight Delay Regulation was at issue.

Geert.