Who? Oliver Studdert, partner at Irwin Mitchell, London.
Why is he in the news? Represented Ken and Linda Lipton, who won a six-year legal battle for compensation after their flight was cancelled when the pilot fell ill. The Supreme Court said the reason for the cancellation did not amount to an ‘extraordinary circumstance’.
Thoughts on the case: ‘Many of us can relate to the frustration of a delayed or cancelled flight, which made this a particularly interesting case. This judgment confirms that staff illness isn’t an extraordinary circumstance, and that where this is the reason for a delay or cancellation, passengers have a right to compensation.
‘The Liptons fought back and never expected to find themselves in the Supreme Court, but their resilience in doing so brings clarity and financial relief to many thousands of passengers.
‘The Supreme Court also had to determine what it described as being of “potentially much broader significance”, namely what law applies to a cause of action which accrued under an EU regulation prior to Brexit. In a long and complex judgment, the majority concluded that the Liptons’ entitlement to compensation on the day their flight was cancelled is enforceable post-Brexit and forms part of retained EU law.’
Dealing with the media: ‘Who doesn’t like to read a David versus Goliath story? Following the judgment, Irwin Mitchell’s PR team picked out the key points and produced a timely press release. This was sent to the Press Association’s court reporters who covered the hearing and judgment as well as other media contacts.
‘The whole process ran smoothly and, even with a number of other high-profile stories in the news, including around the general election result and Euro 2024, resulted in various stories appearing in the media.
‘With hundreds of thousands heading off on their summer holidays, travellers like to be reminded of their rights, and if the worst happens and they’re delayed, how they can apply to airlines for compensation.’
Why become a lawyer? ‘I wanted to work in an area where I could help vulnerable people. Being a lawyer is a great way to do that.’
Career high: ‘Getting a unanimous decision in the House of Lords in G v Southwark [2009] UKHL 26, which set out the clear duties owed by local authorities to homeless 16- and 17-year-olds. It’s a great example of what a difference legal interventions can make.’
Career low: ‘Much of my work is with disadvantaged, physically and mentally disabled clients. Increasing numbers are struggling to get the support they need due to cuts to services. There are fewer lawyers doing this work than ever before, meaning many who would benefit from legal advice are unable to obtain it.’
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