Passenger vs. Airline: Crew Illness Court Battle

Changing history takes stamina and time. 

The Lipton family knows this from their own experience.

The Case That Changed It All

One day back in 2018, a couple was planning to fly from Milan Linate Airport to London City Airport and unfortunately, their flight was cancelled. The reason for disruption was given as an unspecified illness of the pilot. 

Regulation EC 261/2004, commonly known as EC261, is a European Union regulation that specifies passengers’ rights in the event of flight disruption due to airlines’ fault. Until July of this year, when the decision in this case was handed down, the crew’s sickness was considered an “extraordinary circumstance.”

Owing to the ambiguity in the regulations, airlines have frequently been able to categorize events that travellers might regard as standard operations as “extraordinary circumstances,” thereby circumventing their obligation to provide compensation to passengers under EC261.

The previously mentioned couple Kenneth and Linda Lipton pursued legal action against BA Cityflyer, a British Airways subsidiary, following the rejection of their claim.

A Court of Appeals ruling ruled in favour of the Lipton family after two lower courts had previously ruled in favour of the company, leading the airline to take the case to the Supreme Court, which ruled in favour of the passengers. Hooray!

The long-awaited justice was reached! And due to it, more than 1,000 travellers with similar claims, many of whom have been waiting more than five years for this court decision, can now proceed with their requests for airline compensation.

As it was stated in the official lawyers’ publication  Jury in their ruling, Lord Sales and Lady Rose highlighted that the timing of the pilot’s illness was irrelevant, as the crew member is an essential part of the airline’s operation, even when they are off duty. Supported by Lord Lloyd-Jones, Lord Burrows, and Lady Simler, they stated: “If a pilot becomes unfit for duty due to drinking and the flight is cancelled, the cancellation is inherently tied to the airline’s activities and operations. This also applies to the necessity for the captain and cabin crew to be properly rested during stopovers. They have numerous responsibilities to both their employers and the public during these times.”

How Do Airlines View The Situation?

There can be no doubt that the airlines are decidedly displeased with the court’s ruling.

One representative of an airline is outraged: “Do the judges and the solicitors expect airlines to stand by crews at every overseas airport just in case any of the operating crew falls sick just before flight departure?”

What If a Passenger Gets Sick?

On the 28th of July, United Airlines flight 2477 departed from Houston destined for Boston, but was forced to reroute when a passenger became sick. If passengers fall ill or even pass away while on board an airplane, pilots often have to land the aircraft at the nearest airports and airlines cannot be held responsible because they do everything they can to help the affected person. This excludes the compensation based on Regulation EC261.

What Can We Expect?

British Airways’s loss could have significant implications for airlines throughout the United Kingdom and Europe when flights are cancelled or delayed due to sickness on the part of their staff.

Given that the trial took place in the UK if you have experienced issues with flights to or from the UK, you can submit your claims through Skycop.com.