A passenger wrongfully detained in Kuwait, whilst travelling at the time when Iraq invaded Kuwait, only has right to claim damages under Warsaw Convention.
Lord Allanbridge, Lord Mayfield and Lord Clyde
Times 22-Jun-1995, 1996 SLT 529
Warsaw Convention for the Unification of Certain Rules regarding International Air Transport 1929
Scotland
Citing:
Distinguished – Gatewhite v Iberia Lineas Aereas de Espana SA 1990
In a contract for the carriage of goods by air, the court considered whether the owner of goods who had not been named as the consignor or consignee on the air waybill was entitled to sue the carrier for damages to the goods while in transit.
Cited by:
Appeal from – Sidhu and Others v British Airways Plc; Abnett (Known as Sykes) v Same HL 13-Dec-1996
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 . .
Lists of cited by and citing cases may be incomplete.
Updated: 27 September 2021; Ref: scu.77611