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 objective of the flight was instruction, not passage.
Judges:
Henry LJ
Citations:
Times 29-Aug-2001, Gazette 31-Aug-2001, [2001] EWCA Civ 1087, [2002] 1 WLR 785
Links:
Statutes:
Carriage by Air Acts (Application of Provisions) Order 1967 No 480, Warsaw Convention for the Unification of Certain Rules regarding International Air Transport 1929, Civil Aviation Act 1982
Jurisdiction:
England and Wales
Citing:
Appeal from – Norma J Disley v Marc Levine QBD 9-Nov-2000
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 . .
Cited – Holmes v Bangladesh Biman Corporation HL 1989
Mr Holmes was killed when the defendant’s aircraft in which he was a passenger crashed on a domestic flight in Bangladesh. As a domestic flight, it was not international carriage. The proper law of the contract was undoubtedly Bangladeshi law. Under . .
Cited by:
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Transport, Personal Injury, Limitation
Updated: 31 May 2022; Ref: scu.147614
