This case will be heard by the UK Supreme Court on 6 February. The hearing can be watched online view the UKSC website.

Lipton and another (Respondents) v BA Cityflyer Ltd (Appellant) - The Supreme Court

Lord Justice Coulson sitting in the Court of Appeal held that ".....I consider that the captain’s non-attendance for work due to illness was inherent in the air carrier’s activity and operations and was not an ‘extraordinary circumstance’ within the meaning of Article 5(3) of the Regulation. If my Lords agree, I would allow this appeal and order that the respondent compensate the appellants for their cancelled flight from Milan to London."