Originally Posted by
simons1
Not every scenario is specifically legislated for, but that doesn't stop a judge using their judgement.
Quite! Such a scenario is exactly the role of a judge.
If I was caught up in this scenario I would claim under 261. There's a good chance that BA would react a claim, maybe not because the flight operates between two non-EU territories, but rather because a butterfly flapped their wings on the M4, which caused a unicorn to fly over T5. The unicorn's horn fell off on the 777 parked in Sydney. Obviously those are freak events and therefore no 261. Simple!