header-logo header-logo

02 June 2023 / Asela Wijeyaratne , Mark Welbourn
Issue: 8027 / Categories: Features , Aviation , Personal injury , Damages
printer mail-detail

Mistakes on a plane

124246
What is an accident? Asela Wijeyaratne & Mark Welbourn examine a return to orthodoxy under the Montreal Convention on air passenger liability
  • This article considers the recent High Court decision of Arthern v Ryanair DAC in which the court examined the aviation liability regime under the Montreal Convention.
  • By contrast to recent decisions of the High Court and the Court of Justice of the European Union, it is considered that this decision represents a return to an orthodox interpretation of the Convention, in respect of the meaning of the term ‘accident’.

The Montreal Convention 1999 is a multilateral treaty to which the UK is a party. The Convention applies to international carriage of passengers by aircraft. It provides (among other things) an exclusive liability regime for the death of or injury to passengers. The Montreal Convention is the successor to the Warsaw Convention, which opened for signature in 1929.

While the Warsaw Convention had the ‘primary purpose of… limiting the liability of air carriers in order

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

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll