Right here, right now!
The decision of the Supreme Court – flight delays and cancellations
Refusal of the airlines to appeal – the latest development on the Regulation (EC) 261/2004
One of the most common questions
asked by people when they are
considering applying for a court order
in respect of children or finances
is whether there are sufficient
penalties available for a person who
continuously breaches a court order.
Recently, I discussed the latest decisions
of the Court of Appeal in respect of
Regulation (EC) Number 261/2004, which
establishes the rules of compensation
and assistance to passengers who may
have been denied boarding or suffered
cancellations or long flight delays.
As a summary, the decision of the Court
of Appeal in the case of Huzar v Jet2.
com Limited, published on the 11th of
June this year, clarified the meaning
of ‘extraordinary circumstances’. It
was considered that to determine that
a delay or cancellation was caused
by extraordinary circumstances – the
circumstances must be out of the ordinary.
To be out of the ordinary, it must come
from events, which, by the nature or origin,
are not inherent in the normal exercise of
the activities of the air carrier concerned.
If the cause of the defect is on