the times | Wednesday February 23 2022 55
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BLESSED are those who act justly, who
always do what is right. Psalm 106.3 (NIV)
Bible verses are provided by the
Bible SocietyBirths, Marriages and Deaths
Births
SOMERS COOPER
Wilde Wolf Fife Alexander, born 1st
February 2022 at The Portland Hospital,
London, to Maximillion and Eve, brother to
Lotus, Jagger, Cash and Mini.
SUEMATSU on 4th February 2022 to
Marina (née Kagami) and Kento, a
daughter, Minami.Forthcoming Marriages
MR H. W. M. DANIELL
AND MISS G. A. RODRIGUEZ RICO
The engagement is announced between
Harry, eldest son of Anthony and Sarah
Daniell of Shaftesbury, Dorset, and
Giannina, elder daughter of Yan and Flor
Rodriguez Rico of Holybourne, Hampshire.Deaths
BEVAN-THOMAS Philip on 18th
February 2022, aged 87. Beloved husband
of Janet, much-loved father of Giles and
Oliver and father-in-law of Sophie and
Katie. Grandfather of four grandsons.
Private family funeral at his request.
Donations if you wish to RNLI Harwich,
CO12 3AR.
CONWAY-LEMMENS Catharina (Karin)
died peacefully on 12th February 2022.
Adoring wife of Patrick; mother of Nicolette
and Gerard; Oma of Amalie, Olivia and
Henrietta. She will be remembered with
love and affection. The funeral will take
place at 3pm on 11th March 2022 at
St George’s Church, Benenden, Kent,
TN17 4DL. Family flowers only please, but
donations, if desired, for the Gurkha
Welfare Trust c/o T W Fuggle & Son
Funeral Directors, 20 Ashford Road,
Tenterden, Kent, TN30 6QU.DOWELL
Margaret Ann Stanhope died on
8th February 2022, daughter of the
late Major and Mrs Clifford Stanhope
Dowell. Funeral private. Thanksgiving
Service on 19th March at St Luke’s
Church, Milland, GU30 7JL, at noon. All
welcome. Donations to Liss Charities.
Inquiries to [email protected]FONTES Michael Douglas on 3rd
February 2022, aged 80, suddenly at
his home in the Hospital of St Cross.
Funeral at the Hospital of St Cross,
Winchester, at 1.30pm on 10th March.
All inquiries to Richard Steel & Partners.
Tel: 01962 862333.
FULLER Howard Jesse (London), civil
servant, trade union rep. Died suddenly
on 2/2/22. Devoted to partner Anita.
Funeral at Putney Vale Crematorium on
Friday 4/3/22. No flowers, donations to
Cats Protection charity.GUETERBOCK William Stanley, RN, died
peacefully on 16th February 2022, aged 91.
Devoted husband of Jeanette for 66 years,
beloved father of Richard, Corinne and
Andrew, grandpa of Skye, William, Angus
and Freya, great-grandpa of Koa. Funeral:
3pm Tuesday 1st March 2022, Cerne Abbas
Church, DT2 7JQ. Thanksgiving Service:
3pm Friday 6th May 2022, Buckland
Newton Church, DT2 7BX. Please no flowers.
Donations welcome via Grassby Funeral
Service, 01305 262338, info@grassby-
funeral.co.uk to Buckland Newton Church,
or Combat Stress (combatstress.org.uk).
HUSSEY David William, passed away
peacefully on 10th February 2022, aged 84,
after a short illness. Beloved husband to Jill,
father to Alexander, and stepfather to
Sarah and Charlie. He will be greatly missed
by all that met him. An intimate funeral will
be held on Friday 25th February. Donations
if desired may be made to Air Ambulance
Charity Kent Surrey & Sussex online at
http://www.vinerandsons.co.uk
PANTIN Ann of Great Haseley,
Oxfordshire, died peacefully on
12th February 2022, aged 89. Dearly loved
wife of John, mother of Sarah, Rachel and
Elizabeth, and grandmother of Clara and
Poppy. The funeral will be held on
4th March 2022 at 2.30pm, at St Peter’s
Great Haseley. Inquiries to Wilson’s of
Haddenham.
ROSENBLOOM Tobias Charles (Toby)
on 13th February 2022, aged 50. Suddenly
following a short illness. A beloved son,
brother and uncle. All inquiries to
Barringtons Funeral Services,
Tel: 0151 928 1625.SIMMONDS Jennifer Jane, peacefully
at home on 10th February 2022. Devoted
wife of Peter, much-loved mother of
Annabel, mother-in-law of James and
adored grandmother of Max and Kit.
Private family cremation. Service of
Thanksgiving in March. Donations in her
memory to St Elizabeth Hospice,
565 Foxhall Road, Ipswich IP3 8LX.Thanksgiving Services
COX James, a Service of Thanksgiving will
be held at Caputh Parish Church, Perthshire
PH1 4JJ, on 9th April 2022 at 2.30pm.
RSVP [email protected]020 7782 7553
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Monday to Thursday at 6amWindsor Castle
22nd February, 2022
The Duke of Cambridge, on
behalf of The Queen, held an
Investiture at Windsor Castle
this morning.
The Princess Royal, on
behalf of Her Majesty, held an
Investiture at Windsor Castle
this afternoon.Clarence House
22nd February, 2022
The Prince of Wales this
morning visited Hereford
Cathedral and was received by
Her Majesty’s Lord-Lieutenant
of Herefordshire (Mr Edward
Harley).Kensington Palace
22nd February, 2022
The Duchess of Cambridge,
Joint Patron, the Royal
Foundation of The Duke and
Duchess of Cambridge, this
morning departed Heathrow
Airport, London, for Denmark
and was received this
afternoon upon arrival at
Copenhagen International
Airport by Her Majesty’s
Ambassador to the Kingdom
of Denmark (Her Excellency
Mrs Emma Hopkins).
Her Royal Highness later
visited the Centre for Early
Intervention and Family
Studies, University of
Copenhagen, Norregade.
The Duchess of Cambridge
afterwards visited
Bornemuseet: the Children’s
Museum in Frederiksberg.
Her Royal Highness
subsequently visited the Lego
Foundation PlayLab, Campus
Carlsberg, University College
Copenhagen, Humletorvet.
Mrs Hannah Cockburn-
Logie and Ms Edwina Iddles
are in attendance.St James’s Palace
22nd February, 2022
The Countess of Wessex this
afternoon received Ms Victoria
Vyvyan (Vice President,
Country Land and Business
Association).St James’s Palace
22nd February, 2022
The Princess Royal, Royal
Patron, National Coastwatch
Institution, this morning
attended a Reception at the
Corporation of Trinity House,
Tower Hill, London EC3.
Her Royal Highness, Royal
Patron, WISE, this evening
held an Awards Reception at
Windsor Castle.St James’s Palace
22nd February, 2022
The Duke of Kent, Royal
Patron, the British-German
Association, this morning held
a Reception at St James’s
Palace.Law Report Court Circular
different effects depending on
whether it was being relied on
by the air passenger or the air
carrier.
The case was important to a
series of other airline delay
claims in the UK jurisdiction. It
was, therefore, appropriate to
draw two general conclusions
from the case law.
For the purposes of the juris-
diction provision in article
3(1)(a): (i) A flight from X to Y by
air, which comprised more than
one leg, was to be treated as a
whole provided that it was
booked as a single unit. That did
not extend to any return flight
back from Y to X; (ii) Such a
flight from X to Y, regardless of
the number of legs, departed
from its initial place of depar-
ture. The first flight was what
mattered.
Consequently, on the basis of
the authorities, where there was
a single booking covering the
whole flight from Kansas City to
Bengaluru, article 3(1)(a) of the
Regulation did not apply.
It was further argued for the
claimant that Wegener had been
wrongly decided because it was
incompatible with the principles
of passenger protection and
equal treatment. The UK having
left the EU, the Court of Appeal
could depart from any retained
Court of Justice case if it
considered it right to do so.
However, there was no
principled basis to depart from
the decision in Wegener. There
had been no change in any
relevant piece of legislation and
no recent authority which could
justify separate treatment of the
component legs of a single
booking for the purposes of
article 3(1)(a).
If the court were to depart
from Wegener the consequences
could be profound. On one
view, every flight that came into
the UK from the Americas
or Asia for an onward destina-
tion anywhere in the world
would be liable to claims
brought under article 3(1)(a). It
was both unnecessary and
undesirable to bring about such
consequences without express
consideration of the point by the
legislature.
The Master of the Rolls and
Lord Justice Stuart-Smith
agreed.
Solicitors: Hayward Baker
Solicitors, Fareham; Zaiwalla &
Co.A claimant who booked as a
single unit four flights in 2019
starting in the US and ending in
India, all flights with non-United
Kingdom or non-European
Union carriers, could not claim
compensation for delay arriving
at her final destination caused
by the late departure of the third
flight from the UK because the
journey had been booked as a
single whole, not separate con-
stituent parts, and started and
ended outside the UK.
The Court of Appeal so held
in dismissing the appeal of the
claimant, Kanaka Durga Chel-
luri against the order of Judge
Berkley sitting in the Ports-
mouth County Court on Janu-
ary 22, 2021, which allowed the
appeal of the defendant airline,
Air India Ltd, from the decision
on September 9, 2020, of Dis-
trict Judge Sanderson in favour
of the claimant.
Harry Gillow for the claimant;
Jacob Turner for the defendant.
Lord Justice Coulson said
that the issue was whether an air
passenger with a single booking,
departing from one country
outside the EU (prior to the UK
leaving the EU) or the UK (after
the UK left the EU), and arriving
at another country outside the
EU or UK, could rely on article
3(1)(a) of EC Regulation
261/2004, establishing common
rules on compensation and
assistance to passengers in the
event of denied boarding and of
cancellation or long delay of
flights, where the third of the
four legs of that booking was late
leaving Heathrow airport.
The four legs were: (i) Kansas
City to Detroit; (ii) Detroit to
London Heathrow; (iii) London
Heathrow to Mumbai; (iv)
Mumbai to Bengaluru. Delta
Airlines was the air carrier for
legs (i) and (ii). The defendant
was the carrier for legs (iii) and
(iv). Both Delta Airlines and the
defendant were non-EU carriers.
Leg (iii), the flight from London
Heathrow to Mumbai, was de-
layed by approximately 48 hours.
The district judge allowed the
claim on the basis that the
flights operated by the defen-
dant were entirely separate
Limits to passenger compensation
for delayed interconnected flights
from the flights operated by
Delta. As a result he said that the
claimant’s journey was there-
fore not to be treated as a single
flight for the purposes of the
Regulation.
The judge allowed the defen-
dant’s appeal. He found that, as a
result of the decision of the
Court of Justice of the European
Union in Wegener v Royal Air
Maroc SA (Case C-537/17)
([2018] Bus LR 1366), what
mattered was the overall jour-
ney that had been booked, from
Kansas City to Bengaluru, not
its component parts.
The jurisdiction arose in
article 3(1)(a) if the relevant
departure was from an EU or
UK airport. In addition to the
territorial gateway in article
3(1)(a), a carrier gateway arose
under article 3(1)(b) if the carrier
was an EU or UK carrier and the
flight landed in the EU or UK.
Article 7 provided for the right to
compensation.
Following the withdrawal of
the UK from the EU the word-
ing of articles 3 and 7 of the Reg-
ulation had been amended by
the Air Passenger Rights and
Air Travel Organisers’ Licens-
ing (Amendment) (EU Exit)
Regulations 2019 (SI 2019 No
278) but those amendments
made no substantive difference
to the appeal.
The twin principles behind
the objective of the Regulation
were the provision of a high
level of protection to passengers
and the need to ensure equal
treatment. Neither of those
principles, however, could pro-
vide a remedy for a passenger in
circumstances where, either
because of the wording of the
Regulation or the authorities,
no such remedy was permitted
in law.
The claimant argued that
Wegener should not be regarded
as an authority on which an
air carrier could rely, if such
reliance would mean that the
passenger could not recover any
compensation.
That could not be accepted. If
an air carrier could not differen-
tiate between the different legs
of a single booking to avoid
paying compensation, a passen-
ger could not differentiate
between the different legs so as
to claim compensation which
would not otherwise be due.
The Regulation could not
mean different things and haveCourt of Appeal
Published February 23, 2022
Chelluri v Air India Ltd
Before Sir Geoffrey Vos,
Master of the Rolls, Lord Justice Coulson
and Lord Justice Stuart-Smith
[2021] EWCA Civ 1953
Judgment December 21, 2021
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