Originally Posted by
Papillon
To an extent - and that's why it's an example of the lawyers licking their lips at a nice big fat fee. However, as I understand it, that would be a matter of finding against the UK, not against BA, because it would be the UK in breach whilst BA were merely following English law as it currently stands.
I agree with your point on what would happen if this went to ECHR. If it was found that UK law was incorrect (a big if), then it would mean secondary legislation in the UK. But the precedent could be achieved in the UK courts long before Europe.