Uxbridge County Court have awarded passengers travelling with BA on 15 August 2017 £519.95 each after their flight from Nice to London Heathrow was cancelled due to the pilot calling in sick. Hayward Baker represented Mr B at the hearing. Mr B had an onward flight to Miami and was severely delayed as a result of the first flight cancellation.
Mr B instructed Hayward Baker to bring a claim for compensation arising out of EU Regulation 261/2004. The airline sought to defend the claim on the basis that the pilot going sick was an “extraordinary circumstance” however the Court roundly rejected this argument with the court saying that:
“Illness of employees is inherent in the normal exercise of the activity of the carrier”
Because the Court found it was part and parcel of the airline’s operation to deal with employee absence this could not be considered an “extraordinary” event and so the claim succeeded.
Free Eligibility Check
If your flight has been disrupted due to a delay or cancellation you may have the potential to make a claim under the EU Regulation 261/2004 for compensation. This could be upto €600 per person. Contact Hayward Baker on 01329 227 983 or complete our On-Line Form today to discuss the potential for a claim.
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You may be entitled to claim compensation.