Passengers on a British Airways (BA) flight cancelled because of a pilot’s illness before work are entitled to compensation, the UK’s Supreme Court has ruled. The court rejected an appeal by BA after the carrier refused a claim by Kenneth and Linda Lipton under EU regulations. The couple were due to fly from Milan Linate Airport in Italy to London City Airport, but the pilot was unable to fly and a replacement couldn’t be found. BA has argued that the pilot’s illness amounted to an “unavoidable extraordinary circumstance”.
But in a judgment backed by three other justices, Supreme Court judges Lord Sales and Lady Rose said the case had the potential to affect tens of thousands of claims made annually. They said the crew member was “an inherent part of the airline’s operation” even when not on duty. The Liptons claimed about £220 ($282) in compensation for the delayed journey, which arrived in London more than two-and-a-half hours behind schedule, but the airline rejected the claim.
BA said it was “disappointed” with the ruling. A spokesperson added: “Our teams work hard to provide customers with the best travel experience possible, and we are sorry that [the Liptons’] journey was disrupted. Safety is always our highest priority.” Rocio Concha from consumer group Which? said the decision was “highly significant for travellers”. In a statement issued by law firm Irwin Mitchell, Kenneth and Linda Lipton said the ruling was “a victory for people who are prepared to fight for common sense and justice against corporate behemoths who have access to every resource
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