Cancellations and delays due to crew sickness

Alan_Bowen

Many of you have found claims refused or delayed pending the outcome of an appeal to the Supreme Court in the case of Lipton vs BA Cityfyler when a flight from Milan was cancelled due to the sickness of one of the pilots. The passengers were offered an alternative flight to Heathrow but claimed compensation under the usual 261 rules. The airline argued that unexpected crew sickness was an "exceptional circumstance" which meant compensation was not payable.

The case was heard in February and the judgement was issued this morning. The passengers succeeded in their claim, pilot sickness was not an unusual situation and therefore not exceptional. Anyone who has previously submitted a claim should now contact the relevant airline, and Jet2 was expecting BA to win amongst others, and reinstate your claim

Hoenir

Alan_Bowen said:

The passengers succeeded in their claim, pilot sickness was not an unusual situation and therefore not exceptional. 

Worth noting that the pilot was at home and off duty on a rest period in this particular instance. 

Alan_Bowen

He called in sick one hour before departure and the court considered the scenario to be little different to that in a case involving TAP when the entire crew refused to fly after one member died, although they would still have had a minimum number of crew to operate the flight. I am not sure I agree with the outcome, it is completely unrealistic to expect airlines to have a spare crew on call at every outlying destination they go to and I am certain that airlines will demand changes to what is now UK261 to prevent similar outcomes

Hoenir

Alan_Bowen said:

He called in sick one hour before departure 

As short as that. Must live close to the airport. 

Ganga

Hoenir said:

Alan_Bowen said:

He called in sick one hour before departure 

As short as that. Must live close to the airport. 

Or took bad on the way to work.

unforeseen

I wonder if the passengers who were due to fly from Liverpool the other day would be due compensation because 2 of the flight crew were killed in an RTC on the way to work? 

Hoenir

Ganga said:

Hoenir said:

Alan_Bowen said:

He called in sick one hour before departure 

As short as that. Must live close to the airport. 

Or took bad on the way to work.

Was on a rest day at the time. 

Alan_Bowen

Unforeseen, very unlikely to apply in that case. A lorry driver has been arrested on suspicion of death by dangerous driving. This is not something that happens regularly unlike illness, the pilots were only 28 and 24 so it is a real tragedy and not something that merits compensation. The duty of care of course remains during the delay

bagand96

unforeseen said:

I wonder if the passengers who were due to fly from Liverpool the other day would be due compensation because 2 of the flight crew were killed in an RTC on the way to work? 

I'm sure there'll be those who feel they are entitled to it.

Tragic event, as Alan said two very young pilots who had everything ahead of them.