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27 June 2014
Issue: 7612 / Categories: Case law , Law reports , In Court
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Carriage by air—Carriage of passengers—Liability of carrier

Dawson v Thomson Airways Ltd [2014] EWCA Civ 845, [2014] All ER (D) 154 (Jun)

Court of Appeal, Civil Division, Moore-Bick, Kitchin and Fulford LJJ, 19 Jun 2014

The English courts are bound to follow and apply the decisions of the European Court of Justice in relation to the nature of the claim for compensation under Art 7 of Parliament and Council Regulation (EC) 261/2004 and its compatibility with the Montreal Convention.

Akhil Shah QC (instructed by Bott & Co) for the claimant. Robert Lawson QC (instructed by Herbert Smith Freehills LLP) for the defendant.

In December 2006, the claimant was due to fly with the defendant airline from Gatwick airport to the Dominican Republic. His flight was delayed due to crew shortages caused by sickness and arrived at its destination over six hours late. In December 2012, shortly before the expiration of the limitation period under s 9 of the Limitation Act 1980, the claimant issued proceedings seeking to recover compensation from the

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

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Clarke Willmott—Lee Edwards

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Lime Solicitors—four promotions

Lime Solicitors—four promotions

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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