In October 2017 we reported on the Court of Appeal's treatment of some of the confusing issues that can arise in the context of 'connecting flights' under Regulation 261, when it was confirmed that non-EU airlines are liable for delays caused by missed connections at airports outside the EU. In March 2018 the Supreme Court rejected Emirates' application for leave to appeal that decision. The UK CAA has reiterated its recommendation that carriers participate in ADR schemes to minimise litigation of this nature. More details can be found here: https://www.twobirds.com/en/news/articles/2018/global/commission-consultation-on-regulation-1008-2008

On a related note, three recent ECJ cases, which were heard together and in which judgment was issued on 7 March 2018[1], offer some helpful insight into how the rules of jurisdiction under the Brussels Regulation[2] operate in respect of Regulation 261 claims involving connecting flights. Significantly, the judgment confirms that an airline can be sued in an EU country other than the one in which it operates. More details can be found here: https://www.twobirds.com/en/news/articles/2018/global/regulation-261-supreme-court-rejects-appeal-in-gahan-v-emirates