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Brad Pomfret successful in flight delay test case in Court of Appeal

Judgment was handed down by the Court of Appeal today in the joined cases of Gahan v Emirates and Buckley v Emirates. This was a test case in which Emirates was challenging whether it was required to pay compensation under the EU ‘Flight Delay’ Regulation 261/2004 where an EU departing flight was delayed but part of the delay required to qualify for compensation was suffered by the passenger during a directly connecting flight entirely outside of the EU. There were conflicting decisions on the point at first instance, including the two joined cases. Brad Pomfret was successful on the part of the passengers in establishing that non-EU carriers such as Emirates were liable to pay compensation in the circumstances. The judgment appears here: http://www.bailii.org/ew/cases/EWCA/Civ/2017/1530.html

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