Old Sep 4, 18, 1:32 am
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Originally Posted by danger View Post
As for the illness of the flight crew being considered extraordinary, I was particularly interested in the below case. I note the advice of another member here that this ruling isn't binding because of the court it was decided in and there may well be other cases ruling in favour of the airline. I nonetheless find it interesting that in a remote outstation where a crew member fell ill, the court found it wasn't extraordinary. Employee illness happens all the time.
Yes, the Bott case was indeed not a precedent, and the precise circumstances will need to be considered at MCOL level. On the other hand, unless there was a highly unlikely error, District Judges will simply enforce the law, it would be beyond unlikely that the Judge got the law principles incorrect. Note the point that even if it is extraordinary, did BA take all reasonable steps? And even if it did, was there more it could have done to reduce the impact on passengers? Personally I'm not sure it's suitable for CEDR, unless you can get hold of the full judgement from the Bott related case - there's no requirement at District level to publish judgements, however some Clerks at courts can be exceedingly helpful.

There are some cases which are clear cut, your case isn't in this category.
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