Montreal Convention

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England: Article 17 of the Montreal Convention

Barclay v British Airways PLC [2008] 1 Lloyds Rep. 661

B was flying from Phoenix to Heathrow. She slipped on a plastic strip embedded in the floor of the aircraft as she was making her way along a row of seats to her own seat. She claimed under the provisions of the Montreal Convention. BA claimed that she had failed to establish that she had sustained her injury as a result of “an accident” on board the aircraft. The Convention required that what happened had to be more than a mere event or occurrence and the accident and the injury had to be separate things.

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England: Hot Air Balloon - Carriage By Air

Laroche v Spirit of Adventure (UK) Ltd [2008] EWCA Civ. 12

The court held that there was no logical reason to hold that a hot air balloon was not an aircraft for the purposes of the Carriage by Air Acts, which implements the Montreal Convention in the UK. A hot air balloon is designed for the carriage of passengers and thus any claim made for injury must be made within the framework of the Carriage by Air Acts.