The Montreal Convention and the “fifth jurisdiction”

In Akulinina and Kondrashova -v- Ifly S.A. the High Court considered, for the first time, the jurisdiction provisions in Article 33(2) of the Montreal Convention. These provisions are often referred to as providing the Convention’s “fifth jurisdiction” (being an additional basis of jurisdiction beyond the four identified in Article 33(1)). Spencer Turner considers the important…

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CJEU rules on Montreal Convention coffee spillage case

In 2015, GN, a six-year-old child, was travelling on board an aircraft between Mallorca  and Vienna. Her father, who was sitting next to her, was served a cup of hot coffee which, when it was placed on the tray table in front him, tipped over onto his right thigh and onto GN’s chest, causing her…

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The Montreal Convention and “Accidents”

In the recent case of Prosser v British Airways Plc [2018] EW Misc B13 (CC), DJ Andrew Barcello considered an unusual claim under art. 17 of the Montreal Convention (and one which has generated publicity in the press). In summary, the claimant said that he had suffered personal injuries as a result of being forced…

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Montreal Convention Claims: Fixed Costs Do Not Apply

Two recent County Court decisions (Mead v British Airways Plc (Unreported) Manchester County Court, 15 January 2018 and McKendry v British Airways Plc (Unreported) Liverpool County Court, 7 June 2018) have come to identical conclusions that personal injury claims under the Montreal Convention do not engage the EL/PL Pre-action Protocol. The result is that these…

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Pel-Air Aviation Pty Ltd v Casey [2017] NSWCA 32 – Montreal Convention, Psychiatric Injury

  In this blog post, Max Archer of 12 King’s Bench Walk considers the recent judgment of the Court of Appeal of New South Wales in Pel-Air Aviation Pty v Casey, a case that has important ramifications for cases involving a psychiatric injury brought under the Montreal Convention. Max previously considered in detail the issues that…

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The Montreal Convention and Psychiatric Harm

This article is by Max Archer of 12 King’s Bench Walk. The article considers the Montreal Convention: the regime governing the liability of air carriers to passengers in international carriage. The Convention is a well-worn route for passengers who have been injured aboard an aeroplane. Max considers the recourse available for claimants who have sustained psychiatric harm.

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