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13 June 2019 / Katherine Deal KC , Asela Wijeyaratne
Issue: 7844 / Categories: Features , Personal injury
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Flying in the face of convention

When does psychiatric injury sustained onboard become compensable? Katherine Deal QC & Asela Wijeyaratne review the latest evidence

  • Aviation case law updates; psychiatric injury and the Montreal Convention.

This article considers recent cases in Australia, the US and Scotland on the vexed question of liability for psychiatric injury under the Montreal Convention.

The Warsaw Convention, which opened for signature in 1929, had the ‘primary purpose of… limiting the liability of air carriers in order to foster the growth of the fledgling aviation industry’ (Transworld Airlines Inc v Franklin Mint Corp 466 US 243 (1984), citing conference minutes). One of the varied ways it did so was to limit liability to ‘bodily injury’.

The Montreal Convention 1999, the successor multilateral treaty to which the UK is a party, has the stated purpose of providing a ‘modernized uniform liability regime for international air transportation’. As with the Warsaw Convention, it provides, among other things, for strict liability in certain circumstances for ‘bodily injury’, up to a financial limit. The Montreal

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MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
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Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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