Case update: Dawson v Thomson Airways Ltd
In an unsurprising judgment handed down by the Court of Appeal last week, the notion that the two-year limitation period provided by the Montreal Convention 1999 could be applicable to claims brought pursuant to EC Regulation 261/2004 by default was ruled out.
In December 2012, Mr Dawson brought a claim against the defendant/appellant carrier Thomson Airways for delay to a flight from London Gatwick to the Dominican Republic in December 2006. The timing of Mr Dawson’s claim is pertinent as he issued proceedings just prior to the expiration of the six-year limitation period applicable in England and Wales pursuant to section 9 of the Limitation Act 1980.
At County Court level, it was held that Mr Dawson was entitled to bring his claim due to the fact that the six-year limitation period provided by domestic law had not yet expired. The appellant carrier sought to appeal on the basis that the two-year limitation period provided by the convention was, in fact, the correct limitation period and had expired nearly four years previously…
Click on the link below to read the rest of the DLA Piper briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from DLA Piper
News from The Lawyer
Briefings from DLA Piper
The Australian Taxation Office released a draft ruling on the Goods and Services Tax treatment of bitcoin transactions on 20 August 2014.
DLA Piper’s ‘Life sciences: patent extension strategies and antitrust global update’ video covers global antitrust and competition issues including product hopping and reverse payment patents.
Analysis from The Lawyer
Regulators are ramping up the pressure in the aftermath of recession, leaving firms to compete for compliance and restructuring work
Shearman & Sterling is making its presence felt in the City, squaring up to magic circle firms and looking to muscle in on key relationships. Private equity house Bridgepoint is one outfit that has had its head turned by the US firm.