Carriage by air—Hot air balloon—Regime governing pleasure flight in hot air balloon

Court of Appeal, Civil Division, Mummery, Dyson and Jacob LJJ, 21 January 2009

In finding that a pleasure flight in a hot air balloon was subject to Sch 1 to the Carriage by Air Acts (Application of Provisions) Order 1967, (SI 1967/480), the Court of Appeal has held that the balloon was an “aircraft”, that there had been “carriage” of the “claimant” and that the claimant was a “passenger” for the purposes of the 1967 Order.

Charles Davey (instructed by Graham Dawson & Co) for the claimant. Robert Lawson (instructed by Bruce, Lance & Co) for the defendant.

In August 2003, the claimant went on a hot air balloon flight organised by the defendant. The arrangement was that a vehicle would follow the balloon with a view to collecting the balloon and passengers from wherever they landed.
The claimant suffered injuries during a sudden landing.

In August 2006,