Tens of thousands of passengers could benefit after Supreme Court rules against British Airways over flight delays | Business News

Passengers are entitled to compensation for a flight canceled due to illness of airline staff, the UK’s highest court has ruled.

“Tens of thousands” of claims filed annually could potentially be affected, the Supreme Court said Wednesday afternoon.

The case was brought against British Airways (BA) by a couple whose flight was canceled due to the pilot’s illness and no replacement being available.

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Does it matter who is sick or when?

BA argued that this was an “extraordinary circumstance” that was beyond its control and could not be avoided – a situation in which airlines do not have to pay compensation.

But the Supreme Court said the employees’ illness was not an “extraordinary circumstance” and therefore compensation was due, even though the pilot in question fell ill while off work.

“All of this is inherent to the carrier’s activity and operations and if, for any reason, you are unable to attend work due to something that went wrong during these rest periods, whether through your fault or not, that failure to show up is not a circumstance extraordinary,” the Supreme Court ruling said.

The question of when or who got sick does not matter, the Supreme Court said.

The court said the crew member was an “inherent part of the airline’s operation” even when not on duty.

It added: “The same applies to the need for the captain and other cabin crew to ensure they are adequately rested during port calls.

“They have numerous obligations to both their employers and the public during these times.”

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‘I was successful against all odds’

The couple who brought the case against BA, Kenneth and Linda Lipton, arrived two and a half hours late on their journey from London to Milan after their original flight was canceled when the pilot fell ill whilst off duty.

The UK airline refused to pay £220 compensation for the delay.

Initially, two courts upheld BA’s position, but the Court of Appeal then ruled in favor of the couple, with the airline taking the case to the Supreme Court.

On Wednesday, five Supreme Court judges unanimously rejected the company’s appeal.

A statement from the couple’s law firm, Irwin Mitchell, said: “Their insistence on continuing this battle all the way to the highest court in the land has now found the right conclusion and our significantly smaller but no less astute team has succeeded against all odds. probabilities.”

A BA spokesperson said: “We are disappointed with this decision and respect the court’s decision.”