On a practical note - I had a delay compensation claim for a delayed flight FRA - LHR in May rejected on the basis that staff sickness at an outstation was an exceptional circumstance. I was just in the process of drafting a CDER submission having received BA's final decision to that effect, thought I'd call on the off chance they would offer to review past decisions and save everyone the hassle of a CDER submission.
Called customer services this afternoon, was on the phone for all of 20 seconds - they immediately acknowledged that based on today's judgment the flight was now eligible for compensation and to expect funds transferred over the next week. On the face of it, fair play to BA, had called expecting a line that they needed time to assess the impact of the judgement against past flight decisions or that it would take time to filter through to the front line. Customer service agent I spoke to was excellent.