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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

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

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