In that case were do we stand with the 4+hrs delay? Correct me if I am mistaken but you seem to be suggesting that the 4+hrs no longer applies and that providing they can get you there same day then there would be no basis for an EC261 claim?

I would have thought that the 4+hrs time limit was chosen for a reason and so IMO airlines should comply with it. I don't think that it is a reasonable defense just to say that it will cost the airline a lot of money... if that is what they are suggesting. Surely that is the purpose of EC261... to encourage airlines to spend the money on making these claims unnecessary... in this case, IMO I suspect that would mean having more de-icing provision at LHR. If this event costs BA an unacceptable amount in EC261 compensation and they choose to upgrade their de-icing provision at LHR then the EC261 scheme will have done what it set out to do.