header-logo header-logo

30 January 2009
Issue: 7354 / Categories: Case law , Law reports , Damages , Personal injury , In Court
printer mail-detail

Carriage by air—Hot air balloon—Regime governing pleasure flight in hot air balloon

Laroche v Spirit of Adventure (UK) Ltd [2009] EWCA Civ 12, [2009] All ER (D) 137 (Jan)

Court of Appeal, Civil Division, Mummery, Dyson and Jacob LJJ, 21 January 2009

In finding that a pleasure flight in a hot air balloon was subject to Sch 1 to the Carriage by Air Acts (Application of Provisions) Order 1967, (SI 1967/480), the Court of Appeal has held that the balloon was an “aircraft”, that there had been “carriage” of the “claimant” and that the claimant was a “passenger” for the purposes of the 1967 Order.

Charles Davey (instructed by Graham Dawson & Co) for the claimant. Robert Lawson (instructed by Bruce, Lance & Co) for the defendant.

In August 2003, the claimant went on a hot air balloon flight organised by the defendant. The arrangement was that a vehicle would follow the balloon with a view to collecting the balloon and passengers from wherever they landed.
The claimant suffered injuries during a sudden landing.

In August

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll