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22 November 2019 / Katherine Deal KC , Asela Wijeyaratne
Issue: 7865 / Categories: Features , Personal injury
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Planes, blame & claims!

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Katherine Deal QC & Asela Wijeyaratne consider the meaning of ‘accident’ under the Montreal Convention
  • Exclusive liability regime & the requiremnt that bodily injury is suffered as a result of an ‘accident’.

In our last update we discussed recent cases under the Montreal Convention pushing the boundaries of one element of the cause of action for recovery of damages for injury under article 17(1) – the requirement that ‘bodily injury’ is suffered (‘Flying in the face of convention’, NLJ 14 June 2019, p9). Here, we examine the recent High Court decision of Labbadia v Alitalia (Societa Aerea Italiana S.p.A) [2019] EWHC 2103 (Admin), which places strain on another element of the cause of action—the requirement that the bodily injury is suffered as a result of an ‘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 or injury to passengers.

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NEWS
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NLJ this week: Mazur and more—inside the litigation frontline

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

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Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
NLJ this week: Leasehold reform risks creating ‘forgotten freeholders’
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
NLJ this week: Court of Appeal clarifies when a claim truly begins
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
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The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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