Search Results for: Warsaw Convention 17

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Mitsui and Co Ltd and Others v Beteiligungsgesellschaft Lpg Tankerflotte Mbh and Co Kg and Another: SC 25 Oct 2017

This appeal raises the issue whether the daily vessel-operating expenses of shipowners incurred while they were negotiating to reduce the ransom demands of pirates should be allowed in general average – ie whether those expenses should be shared proportionately between all those whose property and entitlements were imperilled as a result of that seizure – … Continue reading Mitsui and Co Ltd and Others v Beteiligungsgesellschaft Lpg Tankerflotte Mbh and Co Kg and Another: SC 25 Oct 2017

Gard Marine and Energy Ltd and Another v China National Chartering Company Ltd and Another: SC 10 May 2017

The dispute followed the grounding of a tanker the Ocean Victory. The ship was working outside of a safe port requirement in the charterparty agreement. The contract required the purchase of insurance against maritime war and protection and indemnity risks. The grounding occurred during a combination of severe weather events. Each of the two elements … Continue reading Gard Marine and Energy Ltd and Another v China National Chartering Company Ltd and Another: SC 10 May 2017

Morris v KLM Royal Dutch Airlines: CA 17 May 2001

An unaccompanied female passenger aboard an aircraft was indecently assaulted. She suffered mental, but no physical, injury. She claimed damages against the airline under the Convention. Held: The assault was a special risk inherent in air travel, and damages would be recoverable for any ‘lesion corporelle/bodily injury.’ That phrase required some physical injury before damages … Continue reading Morris v KLM Royal Dutch Airlines: CA 17 May 2001

Applied Implants Technology Ltd and Others v Lufthansa Cargo Ag and Others: CA 17 May 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

Chaudhari v British Airways Plc: CA 16 Apr 1997

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

Deep Vein Thrombosis and Air Travel Group Litigation: HL 8 Dec 2005

The appellants had suffered deep vein thrombosis whilst travelling on long haul air flights. The defendants said that their liability was limited because the injuries were not accidents. Held: The claimants’ appeal failed. The definition of accident in Fenton required adjustment in this context: for Convention purposes the ‘loss or hurt’ cannot itself be the … Continue reading Deep Vein Thrombosis and Air Travel Group Litigation: HL 8 Dec 2005

In re Deep Vein Thrombosis and Air Travel Group Litigation: CA 3 Jul 2003

Passengers on air flights who had suffered deep vein thrombosis through inactivity whilst travelling sought damages. Held: The claim in its nature was for something unrelated to any particular event. The word ‘accident’ necessitated some sort of event, an ‘unexpected or unusual event or happening that is external to the passenger’ and a failure to … Continue reading In re Deep Vein Thrombosis and Air Travel Group Litigation: CA 3 Jul 2003

Hone v Going Places Leisure Travel Ltd and Another: CA 13 Jun 2001

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

El Al Israel Airlines Ltd v Tsui Yuan Tseng: 16 Sep 1997

(US Supreme Court) The Warsaw Convention should be applied in a consistent manner internationally, without reference to the local laws of the high contracting parties. Citations: (1999) 525 US 155, 919 FSupp 155, 147 ALRFed 783, 65 USLW 2817, 142 L Ed 2d 576, 119 SCt 662, 122 F3d 99 Links: USSC Statutes: Warsaw Convention … Continue reading El Al Israel Airlines Ltd v Tsui Yuan Tseng: 16 Sep 1997

Aries Tanker Corp v Total Transport Ltd; The Aries: HL 1977

Claims for freight charges are an exception to the general rule that all claims between parties must be resolved in one action. A claim for freight cannot be a claim ‘on the same grounds’ as a counter-claim for loss or damage arising out of the carriage, for there is no set off against freight. The … Continue reading Aries Tanker Corp v Total Transport Ltd; The Aries: HL 1977

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

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

Regina (Smeaton) v Secretary of State for Health and Others: Admn 18 Apr 2002

The claimant challenged the Order as regards the prescription of the morning-after pill, asserting that the pill would cause miscarriages, and that therefore the use would be an offence under the 1861 Act. Held: ‘SPUC’s case is that any interference with a fertilised egg, if it leads to the loss of the egg, involves the … Continue reading Regina (Smeaton) v Secretary of State for Health and Others: Admn 18 Apr 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

El Al Israel Airlines Ltd v Tsui Yuan Tseng; 16 Sep 1997

References: (1999) 525 US 155, 919 FSupp 155, 147 ALRFed 783, 65 USLW 2817, 142 L Ed 2d 576, 119 SCt 662, 122 F3d 99 Links: USSC (US Supreme Court) The Warsaw Convention should be applied in a consistent manner internationally, without reference to the local laws of the high contracting parties. Statutes: Warsaw Convention … Continue reading El Al Israel Airlines Ltd v Tsui Yuan Tseng; 16 Sep 1997