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15 October 2021 / Asela Wijeyaratne , Michael Hagan
Issue: 7952 / Categories: Features , Travel litigation , Aviation
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Psychological injury in travel litigation: a fresh approach?

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Michael Hagan & Asela Wijeyaratne examine a case study on recovery under the Montreal Convention for psychological injury following aviation accidents
  • The recent case of Clark v Jet2.com Ltd tested the English court’s reaction to the textual interpretation in Doe.

In an NLJ update on aviation case law in June 2019, case law from a number of jurisdictions on the vexed question of liability for psychiatric injury under the Montreal Convention was considered (‘Flying in the face of convention’, 169 NLJ 7844). This edition revisits the seminal decision of the US Sixth Circuit Court of Appeal in the matter of Doe v Etihad Airways, PJSC, No.16-1042 (6th Cir, 2017) and considers the authors’ own recently compromised case of Clark v Jet2.com Ltd (claim no G96YX506, County Court at Liverpool) which to our knowledge is the first attempt in the English courts to litigate the permissive ‘plain text’ interpretation of the Montreal Convention adopted in Doe.

The Warsaw Convention, which opened

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Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

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International arbitration team strengthened by double partner hire

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

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Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

Partner joins commercial and business litigation team in London

NEWS
The government has pledged to ‘move fast’ to protect children from harm caused by artificial intelligence (AI) chatbots, and could impose limits on social media as early as the summer
All eyes will be on the Court of Appeal (or its YouTube livestream) next week as it sits to consider the controversial Mazur judgment
An NHS Foundation Trust breached a consultant’s contract by delegating an investigation into his knowledge of nurse Lucy Letby’s case
Draft guidance for schools on how to support gender-questioning pupils provides ‘more clarity’, but headteachers may still need legal advice, an education lawyer has said
Litigation funder Innsworth Capital, which funded behemoth opt-out action Merricks v Mastercard, can bring a judicial review, the High Court ruled last week
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