This appeal raises a question about the interpretation of article 16 of the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea 1974 (‘the Athens Convention’) and its application to the Scots law of limitation of . .
The cruise operator appealed against a finding that it was liable to the several claimants who had succumbed to the norovirus whilst on a cruise with them. Held: The appeal failed. Lord Dyson MR, Gross, Christopher Clarke LJJ [2016] EWCA Civ 785 Bailii Convention Relating to the Carriage of Passengers and Their Luggage by Sea, … Continue reading Swift and Others v Fred Olsen Cruise Lines: CA 29 Jul 2016
The claimant sustained a serious spinal injury whilst a passenger on board a 9 metre RIB (rigid inflatable boat) called the Celtic Pioneer. She and 10 work colleagues were participating in a 1 hour boat trip in the Bristol Channel as part of a corporate team building exercise. Havelock Allen QC HHJ [2014] EWHC 177 … Continue reading Feest v South West Strategic Health Authority and Others: QBD 7 Feb 2014
The claimants had been air passengers who were unlawfully detained in Kuwait, when their plane was captured whilst on the ground on the invasion of Kuwait. They sought damages for that detention.
Held: There are no exceptions to the Warsaw . .
The Convention limitation period of two years overrode the national period where it was applied. . .
(Extra Division, Inner House Court of Session) The deceased was injured and died from his injuries diving from a boat hired from the responders. The pursuer appealed from dismissal of her claim as time-barred.
Held: the Inner House upheld the . .
The plaintiff, on arriving at the airport found that his luggage had been lost. The defendant denied liability saying he had not notified his claim within the requisite period.
Held: Elementary justice requires that the rules by which the . .
The applicants were passengers who claimed damages for psychiatric injury, after accidents in aircraft.
Held: The Convention created strict liability on air carriers, but explicitly restricted damages to be payable for ‘bodily injury’. That . .
(Outer House) The pursuer’s son had died in a diving accident from a boat hired from the defenders whose negligence, she said, was the cause of the injury. The defenders argued that the claim was time-barred.
Held: The Lord Ordinary upheld the . .
English statutes which give effect to international conventions need to be interpreted with the international origin of the rules well in mind. The Act only applies to contracts of carriage of goods outwards from ports in the United Kingdom, and the . .
A consignment of whisky was stolen whilst on consignemt from a bonded warehouse under CMR terms for Teheran. In bond, it was worth 7,000 pounds, and on export no excise duty was to be paid. Being stolen in the course of transit, excise duty of . .
