New Delhi, Dec 23 : National carrier Air India has won a significant legal battle in a case of a passenger dispute in the UK.
Notably, a bench of the English Court of Appeal, has passed an order in favour of the airline.
Initially, a District Judge had passed a judgment against the airline in a dispute centered on the applicability of EU compensation regulations for a single booking, where only one leg of the booking – the only one within EU or UK jurisdiction – was delayed.
In this case, the third leg of the passenger’s flight departed from Heathrow Airport late, resulting in delays in her final arrival at her destination.
The Court of Appeal after a full hearing held in favour of Air India that previous European Court of Justice case law reaffirmed the ‘single-unit’ principle for a multiple-leg journey made under the same booking.
Air India successfully argued that there was no reason why this principle should not be applied to this case, in circumstances where the Claimant’s journey originated from a non-UK or non-EU destination.
“What is significant about this decision is that this is one of the first cases where the Court of Appeal has been asked to determine EU law post-Brexit,” said Daniel Powell of Zaiwalla & Co, Air India’s solicitors.”The intention of ECJ judges when making their decisions was discussed at the hearing, and the Court of Appeal chose to not interpret these principles differently in the post-Brexit era.””Had the Claimant succeeded in their appeal, airlines could have expected myriad further claims against them, with a potentially substantial economic impact being felt across an industry already reeling from the Covid-19 pandemic.”rv/skp/
Air India prevails in legal battle at the English Court of Appeal
“What’s significant is this case is that it is the first time the Court of Appeal was asked to decide EU law post-Brexit,” stated Daniel Powell of Zaiwalla & Co., Air India’s solicitors. “The intent of ECJ judges in making their decisions was raised at the hearing.The Court of Appeal decided not to interpret these principles differently after Brexit.”
“Had Claimant won their appeal, the airlines would have received countless additional claims against them.This could have had a significant economic impact on an industry that is already struggling from the Covid-19 pandemic.”
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