- 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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