ANSWER · UK 261 AND EC 261
The crew was sick and the flight was cancelled. Can I claim?
Generally yes. The UK Supreme Court held in Lipton in July 2024 that a captain falling ill is part of running an airline, not an extraordinary circumstance, and the Court of Justice held the same on 11 May 2023 even for the sudden death of a co-pilot two hours before departure. Compensation of €250, €400 or €600 or £220, £350 or £520 follows the ordinary cancellation rules.
REVIEWED AGAINST RULE SET V6 AND THE CITED PRIMARY SOURCES · UPDATED 7 AUGUST 2026
Why crew absence stays with the airline
Both courts reasoned the same way: managing the unexpected absence of staff essential to a flight is intrinsically linked to crew planning and working hours, so it is inherent in the normal exercise of the airline's activity. Regular medical checks change nothing, because anyone can fall ill without warning.
That holds however small the base: in the TAP case no replacement crew existed at the outstation, and the defence still failed.
What the cancellation itself triggers
The usual pair of rights: the Art. 8 choice of refund or rerouting, plus Art. 7 compensation unless you were told 14 days ahead or given a close replacement flight within the Art. 5(1)(c) windows, and care while you wait.
THE JUDGMENTS BEHIND THIS ANSWER
SOURCES
- Lipton and another v BA Cityflyer Ltd [2024] UKSC 24, judgment of 10 July 2024 · The National Archives (Find Case Law) · checked 7 August 2026
- Joined Cases C-156/22 to C-158/22 TAP Portugal v flightright and Myflyright, judgment of 11 May 2023 (ECLI:EU:C:2023:393) · EUR-Lex · checked 7 August 2026
- Regulation (EC) No 261/2004, Art. 5(3) · EUR-Lex · checked 7 August 2026
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