Under EC Regulation 261/2004 Easyjet has gone down for 400€ in Scotland over a 6-hour delay due to air traffic control problems. Although the Sheriff was satisfied that the problems amounted to “extraordinary circumstances” he was not satisfied that Easyjet had taken all reasonable steps to avoid their effects. In particular he thought that they might have had more spare aircraft available, and was unimpressed with the fact that all the spares which Easyjet might have deployed mysteriously suffered from “unexpected flight safety shortcomings”.
See DUNBAR v EASYJET AIRLINE CO LTD [2015] ScotSC 70 (04 November 2015), available on BAILII.
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Professor Andrew Tettenborn
Professor Andrew Tettenborn joined Swansea Law School and the Institute of International Shipping and Trade Law in 2010 having previously taught at the universities of Exeter (Bracton Professor of Law 1996-2010), Nottingham and Cambridge. Professor Tettenborn is a well-known scholar both in common law and continental jurisdictions. He has held visiting positions at Melbourne University, the University of Connecticut and at Case Law School, Cheveland, Ohio. He is author and co-author of books on torts, damages and maritime law, and of numerous articles and chapters on aspects of common law, commercial law and restitution.
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