Monday, December 27, 2021

UK Court rules in favour of Air India, what it means for the aviation industry globally

Following a District Judge's decision against Air India, a bench of the English Court of Appeal, headed by Master of the Rolls Sir Geoffrey Voss has found in favour with Air India in a contested dispute with a passenger. With its victory, Air India has eliminated a serious threat to the international airline industry, which is already struggling due to Covid-19. The English Courts are also asked to determine EU law for the first time after Brexit.

EU compensation regulations were disputed in this case as only one leg of the booking - the only one governed by EU/UK laws - had been delayed. As a result, the passenger's flight from Heathrow departed late, leading to delay in her final arrival at her destination.

The Court of Appeal ruled in favour of Air India after a full hearing, stating that prior European Court of Justice case law held that a multiple-leg journey can be considered a single unit when made under the same booking.

In this case, Air India argued that there was no reason why this principle could not be applied, since the Claimant's trip originated outside of the UK/EU. Passengers are entitled to protection under the law, however, that doesn't automatically mean they should be compensated under all circumstances.

There is no reason to undermine the principle of passenger protection by undermining Article 3(1) (a) of the EU Regulation since it is a territorial gateway for compensation. Air India's solicitor, Daniel Powell of Zaiwalla & Co, commented: "This is one of the first cases where the Court of Appeal was asked to determine EU law post-Brexit."

27/12/21 ZeeNews

To Read the News in full at Source, Click the Headline


Post a Comment