Originally Posted by
ScubaRoo
I wonder if anyone would have the balls to query EU261 on this.
You could always try but I'm pretty sure what BA is going to reply and you would've to take it to Court. Legally speaking, you would probably have a hard time explaining with this would be one of the scenarios described by EU261. Nobody has been downgraded. Strictly speaking the flight wasn't delayed or cancelled.
Even if you argue successfully that this is a case within the scope of the regulation, there's still the problem that BA could (IMO rightfully) argue that passenger behaviour is beyond their control and that the pilots have the authority to divert the plane if there is a safety or medical issue.
In this case, BA could legitimately put forward safety and medical reason to have diverted. On one hand, the passenger had to be tied into his seat, which tells me that said passenger was very likely posing a risk. You can say about BA what you want, but their crews don't strike me as overacting in these kinds of situations. On the other hand, said passenger had a medical problem midair. Those are legitimate reasons to divert to an airport.
Personally I doubt that you could successfully claim financial compensation from BA. But IANAL.