(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
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
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 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
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
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
A Police officer being carried in a force helicopter, and operating within his own force’s area was not on a matter of international carriage, and was not subject to the restrictions on recovery of damages. The helicopter had crashed into a building and he lost his life.Lord Hope considered the Convention noting the width of … Continue reading Fellowes or Herd v Clyde Helicopters Ltd: HL 27 Feb 1997
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
The Association sought judicial review to challenge the 1998 Order. Held: Where an EC regulation was properly completed, it was valid even though different member states had, before joining the EC, had subscribed to International Treaties inconsistent with the Regulation, but were not bound by it because of such subscription. Judges: Jowitt J Citations: Times … Continue reading Regina v Secretary of State for the Environment, Transport, and the Regions, Ex Parte International Air Transport Association: QBD 3 Jun 1999
The court considered the circumstances in which the court would apply the misconduct exceptions under the Convention: ‘The starting point when considering whether in any given circumstances the acts or omissions of a person entrusted with goods of another amounted to wilful misconduct is an enquiry about the conduct ordinarily to be expected in the … Continue reading Thomas Cook Group Ltd and Ors v Air Malta Ltd: ComC 6 May 1997
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 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
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
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
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
The applicant alleged that the circumstances of her case had given rise to violations of Article 8 of the Convention. She also relied on Article 3. The applicant further complained under Article 13 that she did not have an effective remedy at her disposal. She also submitted, relying on Article 14 of the Convention, that … Continue reading Tysiac v Poland: ECHR 20 Mar 2007
Aircraft – Aviation law – choice of law – law of forum – Rome I – Rome II – Montreal Convention – Warsaw Convention – Irish Law – English Law – quantum – contract – personal injury – lex fori [2021] EWHC 2955 (QB) Bailii England and Wales Personal Injury, Transport Updated: 15 December 2021; … Continue reading Silverman v Ryanair Dac: QBD 10 Nov 2021
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
The claimant’s flight had been delayed for six hours. The airline said that the claim having been made outside the two year period applicable under the Montreal convention, no compensation was payable. Held: The claimant’s appeal failed. ‘We are bound to follow and apply the decisions of the European Court in relation to the nature … Continue reading Dawson v Thomson Airways Ltd: CA 19 Jun 2014
The Court was asked whether a person may recover damages for discomfort and injury to feelings caused by a breach of the 2007 Regulations, which implement EC Regulation No. 1107/2006. The disabled passenger claimant alleged failure by the defendant air carrier to make reasonable efforts to provide his seating needs. Held: Such a claim was … Continue reading Stott v Thomas Cook Tour Operators Ltd: SC 5 Mar 2014
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 . .
The plaintiff, on arriving at the airport found that his luggage had been lost. The defendant denied liability saying he had not notified his claim within the requisite period.
Held: Elementary justice requires that the rules by which the . .
The applicants were passengers who claimed damages for psychiatric injury, after accidents in aircraft.
Held: The Convention created strict liability on air carriers, but explicitly restricted damages to be payable for ‘bodily injury’. That . .
This appeal raises a question about the interpretation of article 16 of the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea 1974 (‘the Athens Convention’) and its application to the Scots law of limitation of . .
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 . .
