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19 July 2024
Issue: 8080 / Categories: Case law , In Court , Law digest
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Law digests: 19 July 2024

European Union

Lipton and another v BA Cityflyer Ltd [2024] UKSC 24, [2024] All ER (D) 40 (Jul)

The Supreme Court dismissed the appellant airline, Cityflyer’s, appeal from a decision of the Court of Appeal, Civil Division holding that Cityflyer’s defence under Regulation (EC) 261/2004 (the Regulation) to the respondent’s claim for financial compensation for a delayed flight, had not been made out. The appeal concerned a claim for compensation in respect of a cancelled flight. The respondents had booked onto a flight operated by Cityflyer. The flight was cancelled because the pilot had not reported for work due to illness and it was not possible to find a replacement pilot. The respondents were rebooked onto a replacement flight and landed in London just over 2.5 hours later than scheduled. They claimed against Cityflyer for €250 (about £220) under the Regulation. The Regulation entitled passengers to compensation for cancelled flights. Airlines had a defence if they could show that the cancellation was the result of ‘extraordinary circumstances which could not have been avoided

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MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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