Search Results for: Warsaw Convention 1929 17

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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

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

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

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