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Flying in the face of convention

13 June 2019 / Katherine Deal KC , Asela Wijeyaratne
Issue: 7844 / Categories: Features , Personal injury
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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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Partner and associate join employment practice

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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