Although this is a NL departure and not sure how this case holds as a precedent for NL, but this particular situation is at the UK Court of Appeal at the moment ( Gahan vs Emirates and Buckley vs Emirates )
The court heard submissions at end of July and is expected to rule fairly soon
Some details at
https://gettingthedealthrough.com/ar...2612004-appeal
If Emirates loses this case, it may make a claim easier