Saw
this today regarding BA's decision that it's LHR-OSL event wasn't 'extraordinary circumstances' (because the failure to latch shut the engine cowlings was human error).
I can see their thinking that
their passengers who were delayed or had flights cancelled would fall under Regulation 261.
But what about passengers on other airlines who suffered similar delays or cancellations? If BA are liable, why wouldn't other airlines be equally liable (under the regulation).
And if other airlines are liable would they be able to seek redress from BA? The Regulation envisions this, but would the other airlines actually do it?
The law of unforeseen circumstances is revisiting Regulation 261! Again