The limit for an air carrier’s liability does not apply where there had ben extreme misconduct by the airline. Citations: Ind Summary 15-May-1995 Statutes: Warsaw Convention for the Unification of Certain Rules regarding International Air Transport 1929 Art 2292)(a) Jurisdiction: England and Wales Transport Updated: 21 January 2023; Ref: scu.77824
The passenger injured himself as he fell from an aeroplane chair because of pre-existing injury. Held: He had no claim under the Convention. The falling of a semi-paralysed person whilst he was trying to get to his feet to go to the lavatory did not constitute an accident. It had not been an ‘accident causing … Continue reading Chaudhari v British Airways Plc: CA 16 Apr 1997
The Warsaw Convention allows ‘forum shopping’, and the doctrine of forum non conveniens applies. Article 28(1) specifies the jurisdictions in which claims under the Convention may be brought. If the English Court is one of those jurisdictions, then our procedural rules which permit an action to be stayed in favour of another jurisdiction on grounds … Continue reading Milor SRL and Others v British Airways Plc: CA 15 Feb 1996
The definition ‘any other bodily harm’ contained in the Warsaw Convention was wide enough to include psychiatric harm. Returning to the original text of the convention it was clear that it was not intended simply to import the French law, and that the words were ones of expansion, rather than limitation of the scope of … Continue reading King v Bristow Helicopters Ltd: IHCS 25 Oct 2000
The regulations could not be read to impose strict liability on a tour organiser or holiday ticket retailer for injury suffered during the holiday. The rules clearly required there to be shown some ‘improper performance’ of the contract before liability could be imposed, and no fault provisions of the Convention were of no assistance because … Continue reading Hone v Going Places Leisure Travel Ltd and Another: CA 13 Jun 2001
The claimant sought damages from her instructor, after being injured as a passenger trainee pilot of a paraglider. He responded that she was out of time, since the regulations applied. His appeal was refused. The system of regulation did not mention or encompass paragliders. No certificate of air-worthiness or air operator’s certificate was required. The … Continue reading Disley v Levine (T/a Airtrak Levine Paragliding): CA 11 Jul 2001
The rights to claim for damage to cargo under the Warsaw Convention were not now to be limited to those named as consignor or consignee. A cargo owner might claim even if not strictly a party. Citations: Times 28-Jun-2000, [2000] EWCA Civ 153 Links: Bailii Statutes: Warsaw Convention for the Unification of Certain Rules regarding … Continue reading Western Digital Corporation; Western Digital (Singapore) Ltd and Western Digital Netherlands and British Airways Plc: CA 12 May 2000
A trainee paraglider pilot was injured, and claimed against the instructor. He replied that her claim was out of time as a passenger of an air transport undertaking. The court held that his activities did not fall within the concepts of the Convention, and the claim was not time-barred. Citations: Unreported, 9 November 2000 Statutes: … Continue reading Norma J Disley v Marc Levine: QBD 9 Nov 2000
A part of a machine was packaged separately but with other parts of the same machine transported by air under one bill of lading. It was damaged. Held: The compensation was to be calculated by reference to the weight of the single packaged part and not by reference to the weight of the larger combined … Continue reading Applied Implants Technology Ltd and Others v Lufthansa Cargo Ag and Others: CA 17 May 2000
There is no effective difference between the words ‘aerodrome’ and ‘airport’. One is merely an old-fashioned version of the other. Where goods were damaged when the carriers storage agents sought to lift them. By that time, the carriage of the goods by air had begun, and the Warsaw convention applied with the effect of limiting … Continue reading Rolls Royce Ltd and another v Heavylift-Volga Dnepr Ltd and another: QBD 26 Apr 2000
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 . .
A passenger wrongfully detained in Kuwait, whilst travelling at the time when Iraq invaded Kuwait, only has right to claim damages under Warsaw Convention. . .
A claim under the Convention could be brought by the consignor or the consignee, in either case as named on the waybill or by the person to whom delivery was ordered by the consignor. The owner of the goods had no standing to make a claim save to . .
