Michael Rawlinson QC and Max Archer, instructed by Hayward Baker Solicitors, were successful in the Court of Appeal in the first authority to consider an EU Regulation post-Brexit. The Appellants successfully argued that airline staff absences should not be considered to be ‘extraordinary circumstances’ for the purposes of Regulation (EC) 261/2004. This authority has significant ramifications not only for aviation practitioners but for all those whose work involves the application of retained EU law.
The full judgment can be read here: https://www.bailii.org/ew/cases/EWCA/Civ/2021/454.html.
