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Lloyd's Law Reporter


[2021] EWCA Civ 1953, Court of Appeal, Sir Geoffrey Vos MR, Lord Justice Coulson and Lord Justice Stuart-Smith, 21 December 2021

Aviation – Compensation for delayed flight – Booking for US to India using four flights – Whether compensation payable for delay in the UK – Regulation (EC) No 261/2004

The appellant (C) made a single booking of flights from the US to India, in four legs: (i) Kansas to Detroit, departing at 13.49 on 27 May 2019 (Delta Airlines); (ii) Detroit to London Heathrow, departing at 18:00 on 27 May 2019 (Delta Airlines); (iii) London Heathrow to Mumbai, departing at 13:15 on 28 May 2019 (Air India); and (iv) Mumbai to Bengaluru, departing at 18:00 on 29 May 2019 (Air India). Leg (iii) was delayed by 48 hours, and C arrived in Bengaluru 46 hours and 45 minutes late. C brought a claim under European Parliament and Council Regulation (EC) No 261/2004, which provides compensation for delayed flights for passengers departing to or from EU (now, after Brexit, UK) airports.

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