Category Archives: Montreal Convention

Slips and Trips under the Montreal Convention 1999 – a recent example

In Anderson v British Airways (Unreported) 7 December 2017, Bury St Edmunds County Court, Aliyah Akram of 12 King’s Bench Walk, instructed by Jaime Padron of Slater & Gordon, appeared for the claimant in a case considering the application of Article 17 of the Montreal Convention 1999.

Mr Anderson was a passenger on a British Airways flight from Cairo to London Heathrow.  As he was disembarking via an airbridge he slipped and fell to the floor.  He alleged that his fall had been caused by a small puddle of water on the floor.

Mr Anderson brought his claim under Article 17 of the Convention, which provides that:

“The carrier is liable for damage sustained in case of death or bodily injury of a passenger upon condition only that the accident which caused the death or injury took place on board the aircraft or in the course of any of the operations of embarking or disembarking.”

British Airways denied that the floor had been wet and argued that, even if it had been, Mr Anderson had not suffered an accident within the meaning of the Convention. Continue reading Slips and Trips under the Montreal Convention 1999 – a recent example

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 arise in claims in this area in a previous blog post here. Continue reading Pel-Air Aviation Pty Ltd v Casey [2017] NSWCA 32 – Montreal Convention, Psychiatric Injury

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. Continue reading The Montreal Convention and Psychiatric Harm