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In re Deep Vein Thrombosis and Air Travel Group Litigation: QBD 20 Dec 2002

The claimants claimed to have suffered deep vein thrombosis having been sat in cramped conditions for long periods whilst travelling by air. They sought compensation, saying that the failure by the airlines to warn them and take steps to minimise the dangers was culpable. Under the Convention they had to establish that the injuries constituted … Continue reading In re Deep Vein Thrombosis and Air Travel Group Litigation: QBD 20 Dec 2002

Barclay v British Airways Plc: CA 18 Dec 2008

The claimant sought damages for personal injury. The airline said that the injury was not the result of an accident within article 17.1. She was walking down the aisle and slipped. Held: The appeal was dismissed. The meaning of ‘accident’ within the Convention was autonomous. The court was being asked ‘Where injury is caused by … Continue reading Barclay v British Airways Plc: CA 18 Dec 2008

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

Laroche v Spirit of Adventure (UK) Ltd: CA 21 Jan 2009

Hot Air balloon was an aircraft: damages limited The claimant was injured flying in the defendant’s hot air balloon. The defendant said that the journey was covered by the 1967 Regulations and the damages limited accordingly. The claimant appealed against a decision that the balloon was an aircraft. Held: The appeal was dismissed. There was … Continue reading Laroche v Spirit of Adventure (UK) Ltd: CA 21 Jan 2009

Jindal Iron and Steel Co Ltd and others v Islamic Solidarity Shipping Company Jordan Inc (“The Jordan II”): HL 25 Nov 2004

Cargo was damaged by rough handling during loading and/or discharging, and/or inadequate stowage due to failure to provide dunnage, failure to secure the coils and/or stacking them so that the bottom layers were excessively compressed. The House was asked to depart from an interpretation of the rules which had stood and been applied for more … Continue reading Jindal Iron and Steel Co Ltd and others v Islamic Solidarity Shipping Company Jordan Inc (“The Jordan II”): HL 25 Nov 2004

J I MacWilliam Co Inc v Mediterranean Shipping Company S A, “The Rafaela S”: CA 16 Apr 2003

Machinery was damaged whilst in transit, on the second of two legs. The contract described itself as a through bill of lading, but the port of discharge was not the final destination. Held: The contract was a straight bill of lading. A straight bill of lading requires delivery of the goods to the named consignee … Continue reading J I MacWilliam Co Inc v Mediterranean Shipping Company S A, “The Rafaela S”: CA 16 Apr 2003

Purdy, Regina (on the Application of) v Director of Public Prosecutions: HL 30 Jul 2009

Need for Certainty in Scope of Offence The appellant suffered a severe chronic illness and anticipated that she might want to go to Switzerland to commit suicide. She would need her husband to accompany her, and sought an order requiring the respondent to provide clear guidelines on the circumstances under which someone might be prosecuted … Continue reading Purdy, Regina (on the Application of) v Director of Public Prosecutions: HL 30 Jul 2009

Haydon v Kent County Council: CA 1978

Impacted snow and ice had built up on a steep, narrow, made-up footpath from Monday to Thursday during a short wintry spell. The plaintiff slipped and broke her ankle. The highway authority operated a system of priorities. Their resources were fully taken up with sanding and gritting roads, but on the Wednesday evening one of … Continue reading Haydon v Kent County Council: CA 1978

Overseas Tankship (UK) Ltd v Miller Steamship Co Pty (The Wagon Mound) (No 2): PC 25 May 1966

(New South Wales) When considering the need to take steps to avoid injury, the court looked to the nature of defendant’s activity. There was no social value or cost saving in this defendant’s activity. ‘In the present case there was no justification whatever for discharging the oil into Sydney Harbour. Not only was it an … Continue reading Overseas Tankship (UK) Ltd v Miller Steamship Co Pty (The Wagon Mound) (No 2): PC 25 May 1966

Western Fish Products Ltd v Penwith District Council and Another: CA 22 May 1978

Estoppel Cannot Oust Statutory Discretion The plaintiff had been refused planning permission for a factory. The refusals were followed by the issue of Enforcement Notices and Stop Notices. The plaintiff said that they had been given re-assurances upon which they had relied. Held: The appeal failed. The court tried to reconcile invocations of estoppel with … Continue reading Western Fish Products Ltd v Penwith District Council and Another: CA 22 May 1978

Jindal Iron and Steel Co Ltd and others v Islamic Solidarity Shipping Company Jordan Inc (‘The Jordan II’): HL 25 Nov 2004

References: [2004] UKHL 49, Times 26-Nov-2004, [2005] 1 WLR 1363, [2005] 1 All ER 175 Links: Bailii, House of Lords Coram: Lord Bingham of Cornhill Lord Nicholls of Birkenhead Lord Steyn Lord Hoffmann Lord Scott of Foscote Cargo was damaged by rough handling during loading and/or discharging, and/or inadequate stowage due to failure to provide … Continue reading Jindal Iron and Steel Co Ltd and others v Islamic Solidarity Shipping Company Jordan Inc (‘The Jordan II’): HL 25 Nov 2004