The complainant requested copies of Mandatory Occurrence Reports (MOR) by XL Airways in the 12 months before they went out of business. The Public Authority relied on section 44 of the Freedom of Information Act 2000 (FOIA) to withhold the information. The Public Authority cited section 23 of the Civil Aviation Act 1982 as the … Continue reading Civil Aviation Authority (Decision Notice): ICO 28 Oct 2009
Renewed application for judicial review of a decision of the Civil Aviation Authority to revoke the applicant’s medical certificate, the claimant contending that the CAA ‘have breached its duty to act fairly when considering whether to reinstate his medical certificate as an airline pilot’. Citations: [1999] EWCA Civ 1898 Links: Bailii Statutes: Air Navigation (No.2) … Continue reading Regina v Civil Aviation Authority ex parte Jonathan Andrew Edwards: CA 20 Jul 1999
The complainant requested a copy of the final report by an operator to the CAA of the Mandatory Occurrence Report (MOR) of an incident which occurred on 29 August 2004. The Public Authority relied on section 44 of the Freedom of Information Act 2000 (FOIA) to withhold the information. The Public Authority cited section 23 … Continue reading Civil Aviation Authority (Decision Notice): ICO 5 Sep 2007
Under the Freedom of Information Act 2000 (the ‘FOIA’) the complainant requested copies of Airprox, or similar, reports in relation to three incidents involving aircraft. By way of background, the public authority defines an Airprox incident as a situation when, in the opinion of a pilot or a controller, the distance between aircraft as well … Continue reading Civil Aviation Authority (Decision Notice): ICO 19 Jun 2007
Application for judicial review as to whether the Government’s arrangements for overseeing and regulating the use of Northolt Airport by civil aircraft are lawful, particularly in respect of safety. Popplewell J [2015] EWHC 24 (Admin) Bailii Civil Aviation Act 1982, Civil Aviation Act 2006 England and Wales Transport Updated: 10 November 2021; Ref: scu.541751
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An airline company went into administration. The airport seized two airplanes. The administrators claimed they were property within the administration, could not be seized without a court order, and the court should exercise its discretion not to allow seizure. Held: The definition of property in the 1982 Act was wide enough to include leased property. … Continue reading Bristol Airport Plc and Another v Powdrill and Others: CA 21 Dec 1989
The appellants claimed that the licence of over-flying from Heathrow at night, by making sleep difficult, infringed their rights to a family life. The times restricting over-flying had been restricted. The applicants’ complaints fell within a positive duty on the state to take reasonable and appropriate measures to secure the applicants’ rights under article 8.1. … Continue reading Hatton and Others v United Kingdom: ECHR 2 Oct 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
An order restricting the number of night flights but without apportioning those numbers between different categories was valid. Citations: Gazette 17-Apr-1996, Times 21-Mar-1996 Statutes: Civil Aviation Act 1982 Jurisdiction: England and Wales Transport, Environment Updated: 16 May 2022; Ref: scu.87961
Inconsistencies in consultation paper not for judicial review; they were part of a political process. Citations: Times 11-May-1995 Statutes: Civil Aviation Act 1982 78 Jurisdiction: England and Wales Environment Updated: 14 May 2022; Ref: scu.87962
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
In order to exercise the statutory power of detention of an aircraft, the airport had to do some overt act evidencing the act of detention. Detention by an airport authority must be begun by some overt act. Such act need take no particular form. A simple declaration that the aircraft was detained, had it been … Continue reading Havelet Leasing Ltd v Cardiff-Wales Airport Ltd: 29 Jun 1988
The claimant sought damages for personal injuries under the Act. The injuries were psychiatric, being suffered when they witnessed a crash from the ground. Held: Psychiatric injury is a recognised form of personal injury, and no statute excluded such claims, and nor was there any reason why they should be excluded from the statute. The … Continue reading Glen and Other v Korean Airlines Company Ltd: QBD 28 Mar 2003
The idea of what was ‘drunkenness’ was sufficiently clear, and not capable of being challenged under the Human Rights Act. The order which made it a criminal offence to be drunk on board an aircraft were not ultra vires, since the Act gave power to regulate for safety and that was the intention of the … Continue reading Regina v Tagg: CACD 14 Jun 2001
Rules made to control the number of night flights were unlawful. The calculations used were not in the methods prescribed by Act. Suggest change to Order 53. Citations: Independent 15-Oct-1993, Times 12-Oct-1993, [1994] 1 WLR 74 Statutes: Civil Aviation Act 1982 73(3b) Jurisdiction: England and Wales Environment Updated: 10 April 2022; Ref: scu.87971
The offence of being drunk on board an aircraft can include allegations that the behaviour was the cause of fear in other passengers, without the offence being charged as endangering the aircraft. The offence carried a heavy maximum penalty precisely because these consequences of terror and insecurity in the minds of fellow passengers naturally followed … Continue reading Regina v Ayodeji: CACD 20 Oct 2000
The claimant complained of noise nuisance. The defendant appealed from rejection of its defence of immunity under the 1982 Act. Held: The appeal succeeded: ‘There is nothing in section 76(1) which makes it a precondition of immunity that the flight or ordinary incidents of the flight must be reasonable. The only specified requirement as to … Continue reading Peires v Bickerton’s Aerodromes Ltd: CA 12 Apr 2017
The chief constable sought disclosure of documents held in respect of an investigation of an airplane crash at an air show. Baron Thomas of Cwmgiedd LCJ [2016] EWHC 2280 (QB) Bailii Convention on International Civil Aviation, signed at Chicago on 7 December 1944, Civil Aviation Act 1982 60, Council Directive 94/56/EC England and Wales Police, … Continue reading Sussex Police v Secretary of State for Transport and Another: QBD 28 Sep 2016
References: 29 June 1988, (unreported) Coram: Phillips J. In order to exercise the statutory power of detention, of an aircraft the airport had to do some overt act evidencing the act of detention. Detention by an airport authority must be begun by some overt act. Such act need take no particular form. A simple declaration … Continue reading Havelet Leasing Ltd v Cardiff-Wales Airport Ltd; 29 Jun 1988
Standing to Claim under A1P1 ECHR The appellants had written employers’ liability insurance policies. They appealed against rejection of their challenge to the 2009 Act which provided that asymptomatic pleural plaques, pleural thickening and asbestosis should constitute actionable harm for the purposes of an action of damages for personal injury. Held: The insurers’ appeals failed. … Continue reading AXA General Insurance Ltd and Others v Lord Advocate and Others: SC 12 Oct 2011
AMT entered into many financial services agreements providing for exclusive EW jurisdiction. It now sought to restrain the defendant German lawyers from encouraging litigation in Germany saying that induced breaches of the contracts. It also sought as damages the costs incurred in the German litigation. The defendant asserted lack of jurisdiction saying that the alleged … Continue reading AMT Futures Ltd v Marzillier and Others: SC 1 Mar 2017
The applicant was a solicitor employed by a company in Belgium. He later resigned claiming unfair dismissal, saying he had been pressed to become involved in unlawful activities. The defendants sought to challenge the jurisdiction of the English Tribunal system. The defendants had begun procedures in Spain for conciliation. The claimant had obtained an injunction … Continue reading Turner v Grovit and others: HL 13 Dec 2001
Shareholder May Sue for Additional Personal Losses A company brought a claim of negligence against its solicitors, and, after that claim was settled, the company’s owner brought a separate claim in respect of the same subject-matter. Held: It need not be an abuse of the court for a shareholder to seek damages against advisers to … Continue reading Johnson v Gore Wood and Co: HL 14 Dec 2000
Chief Constable has a Wide Discretion on Resources Protesters sought to prevent the appellant’s lawful trade exporting live animals. The police provided assistance, but then restricted it, pleading lack of resources. The appellants complained that this infringed their freedom of exports under community law. Held: Police do not have an absolute duty to prevent breaches … Continue reading Regina v Chief Constable of Sussex, ex Parte International Trader’s Ferry Limited: HL 2 Apr 1998
