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…

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