Minters in BA, Qantas DVT appeal

Minter Ellison clients Qantas and British Airways (BA) will seek to overturn an Australian Supreme Court decision on deep vein thrombosis (DVT) on 28 July.
They are confident of success following a 1 July UK Court of Appeal ruling in their favour. Barlow Lyde & Gilbert partner Nick Hughes advised the airlines in that case.
Peter Bartlett, the Min-ters partner leading the Qantas defence team, argued that the Australian judge was wrong in finding that a “failure to warn” could be an accident under the Warsaw Convention.
On 20 December 2002, Mr Justice Bongiorno ruled that the airlines’ “failure to warn of the known risk of DVT (as alleged by the plaintiff) could amount to an ‘accident’ within the Warsaw Convention”.
Slater & Gordon is acting for the claimant in the lead case, Brian William Povey.