Appeal judges shut door on single-stage flight claims – Legal Futures

Posted January 5th, 2022 in airlines, appeals, compensation, delay, EC law, interpretation, news by sally

‘The flight delay compensation industry has suffered a blow after appeal judges rejected a claim over a four-stage flight from the US to India that was delayed when leaving Heathrow.’

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Legal Futures, 5th January 2022

Source: www.legalfutures.co.uk

Case Comment: Pakistan International Airline Corporation v Times Travel (UK) Ltd [2021] UKSC 40 – UKSC Blog

Posted October 28th, 2021 in airlines, appeals, duress, news, Pakistan, Supreme Court by sally

‘In this post, Stephanie Cheung, Mitchell Abbott and Jana Blahova of CMS Cameron McKenna Nabarro Olswang LLP, comment on the decision handed down by the UK Supreme Court in Pakistan International Airline Corporation v Times Travel (UK) Ltd [2021] UKSC 40 and consider how the decision impacts on the doctrine of lawful economic duress.’

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UKSC Blog, 26th October 2021

Source: ukscblog.com

New Judgment: Pakistan International Airline Corporation v Times Travel (UK) Ltd [2021] UKSC 40 – UKSC Blog

Posted August 19th, 2021 in agency, airlines, contracts, duress, news, Supreme Court by sally

‘The issue in this appeal is whether, and if so in what circumstances, a party can set aside a contract on the ground that it was entered into as a result of the other party threatening to do a lawful act.’

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UKSC Blog, 18th August 2021

Source: ukscblog.com

Extinction Rebellion: Paralympian James Brown guilty over plane stunt – BBC News

‘A former Paralympian who glued himself to the roof of a plane has been found guilty of causing a public nuisance.’

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BBC News, 29th July 2021

Source: www.bbc.co.uk

Legal bids mean UK deportation flight to Zimbabwe takes off just one-third full – The Guardian

‘A controversial Home Office deportation charter flight to Zimbabwe took off at about 10.30pm on Wednesday evening with only around one-third of the passengers on board that officials had hoped to remove.’

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The Guardian, 22nd July 2021

Source: www.theguardian.com

High Court boosts flight delay claims as Supreme Court hears Bott case – Litigation Futures

Posted May 21st, 2021 in airlines, appeals, compensation, delay, EC law, law firms, news, Supreme Court by tracey

‘The High Court has given yet another boost to flight delay practices after ruling that a passenger who boarded in London but suffered a delay on the connecting leg of her flight in Canada was entitled to compensation.’

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Litigation Futures, 20th May 2021

Source: www.litigationfutures.com

Netflix star fined £3,000 for abusing BA staff on flight and ranting: ‘Look up who my mum is’ – The Independent

Posted May 4th, 2021 in airlines, alcohol abuse, coronavirus, fines, news, regulations by tracey

‘A Netflix reality TV star and son of a former attorney general has been fined nearly £3,000 for being abusive to staff on a flight and refusing to wear a mask.’

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The Independent, 2nd May 2021

Source: www.independent.co.uk

Appeal court ruling to reopen “thousands” of flight delay claims – Litigation Futures

Posted March 31st, 2021 in airlines, compensation, delay, news by tracey

‘The Court of Appeal has opened the way for “thousands” of flight delay claims after ruling that a pilot’s sickness just before a flight took off was not a reason to refuse compensation.’

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Litigation Futures, 31st March 2021

Source: www.litigationfutures.com

EasyJet pays compensation to woman asked to move by ultra-Orthodox Jewish men – The Guardian

Posted March 11th, 2021 in airlines, compensation, Judaism, news, sex discrimination by sally

‘EasyJet has paid compensation to a British-Israeli woman who was asked to change seats on a flight from Tel Aviv after ultra-Orthodox Jewish men objected to sitting next to her.’

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The Guardian, 10th March 2021

Source: www.theguardian.com

£1m cost of advertising for claimants is not recoverable, judge rules – Law Society’s Gazette

‘Lawyers leading group litigation against British Airways have been told they cannot expect the defendant to pay the £1m costs of advertising for claimants if the action succeeds.’

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Law Society's Gazette, 8th February 2021

Source: www.lawgazette.co.uk

Court rules lawyers’ £1m advertising costs are not recoverable – Law Society’s Gazette

Posted February 8th, 2021 in advertising, airlines, case management, class actions, costs, law firms, news by tracey

‘Lawyers leading group litigation against British Airways have been told they cannot expect the defendant to pay the £1m costs of advertising for claimants if the action succeeds.’

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Law Society's Gazette, 8th February 2021

Source: www.lawgazette.co.uk

ICO fine for British Airways lands at £20m – Panopticon

Posted October 19th, 2020 in airlines, coronavirus, data protection, fines, news, ombudsmen by sally

‘Ever since the Information Commissioner issued British Airways with a notice proposing to impose a massive fine of £183.39m for a data breach incident in 2018, we have all be waiting with bated breath to see how that process would conclude. A fine at that level would have been the largest ever issued by a data protection regulator in Europe, and would have dwarfed the eye-watering €50m proposed by the French data protection authority CNIL in respect of Google’s advertisement personalisation practices, affecting millions of French citizens. The prospect of BA, a corporate victim of a criminal cyber-attack affecting around 400,000 people’s (mostly payment-card) data, being subject to fine in excess of 4x as large certainly grabbed the headlines.’

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Panopticon, 19th October 2020

Source: panopticonblog.com

Serious Fraud Office prosecutes Airbus subsidiary over alleged corruption – The Guardian

‘The Serious Fraud Office (SFO) is prosecuting a UK subsidiary of Europe’s largest aerospace multinational, Airbus, along with three men over alleged corruption in an arms deal with Saudi Arabia.’

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The Guardian, 30th July 2020

Source: www.theguardian.com

No duty to exercise option reasonably or in good faith in engine maintenance agreement (Cathay Pacific Airways Ltd v Lufthansa Technik AG) – 3PB

Posted July 30th, 2020 in airlines, contracts, interpretation, news by sally

‘The High Court found that there was no duty of good faith or duty to act reasonably in respect of an option to withdraw engines from a maintenance agreement. The judgment provides a helpful discussion of the case law concerning the principles of contractual interpretation and implied terms (including on the basis of the Braganza v BP Shipping Ltd and Socimer International Bank v Standard Bank London line of cases and relational contracts). The judgment also serves as a reminder to practitioners that evidence of statements made in precontractual negotiations, including mutual understanding (subject to limited exceptions) are generally inadmissible to assist with the interpretation of a concluded contract. Written by Rebecca Farrell, counsel, at 3 Paper Buildings.’

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3PB, July 2020

Source: www.3pb.co.uk

Copyright – Performing Right Society Ltd v Qatar Airways Group QCS – NIPC Law

‘This was an application by the defendant airline to stay an action for copyright infringement on grounds of forum non conveniens and case management. The action has been brought by the Performing Right Society which alleges that the inflight entertainment systems of the defendant’s aircraft infringe the copyright laws of the countries in which those aircraft are present at any one time. The application came on before Mr Justice Birss on 18 June 2020. He handed down his judgment in Performing Right Society Ltd v Qatar Airways Group QCS [2020] EWHC 1872 on 17 July 2020.’

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NIPC Law, 20th July 2020

Source: nipclaw.blogspot.com

Air Travel in the Time of Coronavirus: Taxiing for Take-off Again – New Law Journal

Posted July 8th, 2020 in airlines, coronavirus, news, statistics, transport by sally

‘The impact of the COVID-19 pandemic on global air travel has been unprecedented. The UN agency, the International Civil Aviation Organization (ICAO), estimates that for the first quarter of 2020, there has been a reduction of 612 million passengers compared with 2019, with domestic and international air traffic expected to decrease by 50% for 2020 as a whole, as compared to 2019 figures. The global trade body, the International Air Transport Association (IATA), estimates US$419bn worth of lost revenue for airlines, representing roughly a 50% reduction in revenues when compared with 2019.’

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New Law Journal, 24th June 2020

Source: www.newlawjournal.co.uk

Yossi Nehushtan and Megan Davidson: The UK 14-Day Quarantine Policy: Is Public Opinion a Relevant Consideration? – UK Constitutional Law Association

‘According to the government quarantine policy, that came into force on 8 June, nearly all international arrivals at UK ports must quarantine for 14 days. Elsewhere we argued that the quarantine policy is irrational, unreasonable, disproportionate and therefore illegal. Here we argue that the policy was introduced mainly because of public opinion – and that public opinion in this case is an irrelevant consideration, one that should not have been taken into account by government.’

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UK Constitutional Law Association, 30th June 2020

Source: ukconstitutionallaw.org

What You Should Know About The UK’s 14-Day Quarantine Rule – Each Other

‘As many Britons bask in a summer heatwave, Kylie Neuhaus will remain housebound for the next week or else she could face a fine of up to £1,000.’

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Each Other, 24th June 2020

Source: eachother.org.uk

Yossi Nehushtan: The 14-Day Quarantine Policy is Illegal – UK Constitutional Law Association

‘Harsh criticism, mainly from politicians and the travel industry has been expressed regarding the new government policy, according to which, and from 8 June, nearly all international arrivals at UK ports must quarantine for 14 days. It is surprising that very little has been said about the clear illegality of this policy, despite a very recent judicial review process that has been brought against the policy by a few airline companies. In this post it is argued that the quarantine policy is irrational, unreasonable and disproportionate – and therefore illegal. A preliminary note about the differences between rationality and reasonableness will be followed by applying rationality, reasonableness and proportionality to our case.’

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UK Constitutional Law Association, 17th June 2020

Source: ukconstitutionallaw.org

BA, easyJet and Ryanair begin court action over UK quarantine rules – The Guardian

‘Britain’s three biggest airlines have filed papers in the high court to seek an urgent judicial review of the government’s quarantine laws, which they say are having a devastating effect on tourism and the wider economy.’

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The Guardian, 12th June 2020

Source: www.theguardian.com