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.
Held: In the absence of express provision in the Convention excluding the owner’s right of action, the owner of goods damaged or lost by a carrier was entitled to sue in his own name in accordance with the lex fori and accordingly that the plaintiffs were entitled to damages to be assessed at common law.
Judges:
Gatehouse J
Citations:
[1990] 1 QB 326
Jurisdiction:
England and Wales
Cited by:
Cited – 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 . .
Distinguished – Abnett v British Airways Plc (Scotland) IHCS 28-Apr-1995
A passenger wrongfully detained in Kuwait, whilst travelling at the time when Iraq invaded Kuwait, only has right to claim damages under Warsaw Convention. . .
Lists of cited by and citing cases may be incomplete.
Damages, Contract
Updated: 01 December 2022; Ref: scu.237240
