“…Domestic Courts concluded that there were 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 …”
“…omprising two limbs: inherency and control. The most comprehensive analysis of that test can be found in the decision of this court in Jet2.com Limited v Huzar [2014] EWCA civ 791; [2014] 4 AllER 581. As to whether the CJEU was setting out a single or a dual test, Elias LJ said:…”
“…In Jet2.com Limited v Huzar [2014] EWCA Civ 791, Elias LJ noted that the circumstances set out in Recital 14 “are only indicators; they identify events which may, but not necessarily will, constitute or give…”