Re: Winter 2014/15 | Page 73

Right here, right now! The decision of the Supreme Court – flight delays and cancellations Refusal of the airlines to appeal – the latest development on the Regulation (EC) 261/2004 One of the most common questions asked by people when they are considering applying for a court order in respect of children or finances is whether there are sufficient penalties available for a person who continuously breaches a court order. Recently, I discussed the latest decisions of the Court of Appeal in respect of Regulation (EC) Number 261/2004, which establishes the rules of compensation and assistance to passengers who may have been denied boarding or suffered cancellations or long flight delays. As a summary, the decision of the Court of Appeal in the case of Huzar v Jet2. com Limited, published on the 11th of June this year, clarified the meaning of ‘extraordinary circumstances’. It was considered that to determine that a delay or cancellation was caused by extraordinary circumstances – the circumstances must be out of the ordinary. To be out of the ordinary, it must come from events, which, by the nature or origin, are not inherent in the normal exercise of the activities of the air carrier concerned. If the cause of the defect is on