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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

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

International arbitration team strengthened by double partner hire

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

Partner joins commercial and business litigation team in London

NEWS
The government has pledged to ‘move fast’ to protect children from harm caused by artificial intelligence (AI) chatbots, and could impose limits on social media as early as the summer
All eyes will be on the Court of Appeal (or its YouTube livestream) next week as it sits to consider the controversial Mazur judgment
An NHS Foundation Trust breached a consultant’s contract by delegating an investigation into his knowledge of nurse Lucy Letby’s case
Draft guidance for schools on how to support gender-questioning pupils provides ‘more clarity’, but headteachers may still need legal advice, an education lawyer has said
Litigation funder Innsworth Capital, which funded behemoth opt-out action Merricks v Mastercard, can bring a judicial review, the High Court ruled last week
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