“…no “extraordinary circumstances” in Huzar v Jet2.com Ltd [2014] EWCA Civ 791, [2014] Bus LR 1324 (“Huzar”), and Lipton v BA City Flyer Ltd [2021] EWCA Civ 454, [2021] 1 WLR 2545 (“Lipton”). In Huzar, where a plane had suffered a wiring defect, Elias LJ, with whom Laws and Gloster LJJ agreed, said in paragraph 42 that “the fact that a p…”
“…te as a result of an air traffic control decision was held to be an extraordinary circumstance; and Lipton and another v BA City Flyer Ltd [2021] EWCA Civ 454; [2021] 1 WLR 2545 (“Lipton”), where the captain’s illness was held not to be an extraordinary circumstance. Article 15 does not arise directly on this appeal.…”