Court of Appeal rules on “extraordinary circumstances” defence under EU Regulation 261/2004 in Jet 2. Com v Ronald Huzar [2014] EWCA Civ 791.
Akhil Shah QC successfully acted for the Respondent in this landmark decision which held that an unexpected technical defect suffered by an aircraft caused by wear and tear and which resulted in a qualifying delay did not amount to “extraordinary circumstances” for the purpose of Article 5(3) of EU Regulation 261. The airline was therefore obliged to pay compensation to the passenger. This was a second appeal in a case that has been eagerly awaited by the travel industry. The leading judgment given by Lord Justice Elias, with whom Lord Justice Laws and Lady Justice Gloster agreed is available here.
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