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Case review 2019-04-15
French Supreme Court enshrines new extraordinary circumstance - is this indicative of a softer approach to claims against airlines?
The Cour de cassation recently held that the air carrier is exempted from paying compensation under Regulation EC261/2004 (the Regulation), where the aircraft has been struck by lightning, setting it apart from the English interpretation of this event.
We are pleased to announce that the publication of the 2019 edition of The Legal 500 Europe, Middle East and Africa has seen us build on our 2018 success. Kennedys has been ranked in 14 practice areas, including three new rankings for our Paris office (dispute resolution, healthcare and life sciences and insurance), and a ‘top tier’ ranking for aviation in Belgium.
Case review 2019-02-14
The Court of Appeal rejected a challenge to provisions in Ryanair’s Conditions of Carriage, addressing the manner in which claims for compensation under Regulation EC261/2004 must be made. It also held that the requirement in the Conditions of Carriage to present the claim direct to Ryanair in the first instance did not amount to a waiver or limitation of the passenger’s rights under the Regulation.
Case review 2019-02-08
This week, the Court of Appeal handed down their decision as to an air carrier’s liability for compensation under Regulation EC261/2004 where a flight suffers a qualifying delay by reason of an air traffic management decision.
In a recent decision, Pontypridd County Court examined the nature of modern air travel and passenger expectations of their personal space, and whether encroachment in the space could amount to an “accident”.
Hong Kong formally establishes an independent Air Accident Investigation Authority and appoints a chief inspector of accidents
Historically, responsibility for the conduct of aviation safety investigations in Hong Kong lay within the Accident Investigation Division of the Civil Aviation Department (HKCAD) and the Director General of Civil Aviation (DGCA), who reported to the Chief Executive of the Hong Kong Special Administrative Region (HKSAR). As the HKCAD is also the regulatory body for civil aviation activities in Hong Kong, the impartiality of investigations had the potential of being perceived to be compromised notwithstanding internal mechanisms put in place to address this.
Case review 2018-10-17
On 12 October 2018, judgment was handed down in the High Court in a case concerning whether insurers under a marine policy could rely on a sanctions clause to avoid payment of a first party claim.
Following the Commission’s previous recommendation on collective redress measures which had limited impact, the Commission proposed a package for a “New Deal for Consumers” intended to improve mechanisms available at national level for compensatory relief in “mass harm” situations.
Dubai aviation partner, Nick Humphrey, discusses the aviation economy above the clouds called “Flyland” on Dubai Eye business breakfast radio show.
In May 2015, the International Carriage by Air Act, B.E. 2558 (‘ICAA’) came into effect in Thailand, applying to international as well as domestic carriage by air from the effective date. Its provisions largely mirror those of the Montreal Convention (‘MC99’), which subsequently came into force on 2 October 2017.