Dawson v Thomson Airways Ltd [2014] EWCA Civ 845 (19 June 2014)

Dawson v Thomson Airways Ltd [2014] EWCA Civ 845 (19 June 2014)

Claims for compensation under Article 7 of Regulation 261/2004 for flight delay are not actions for damages within the meaning of Article 19 of the Montreal Convention and thus fall outside its scope; the applicable limitation period is determined by national law, not the Convention.

Citation
[2014] EWCA Civ 845
Parties
Claimant/respondent: James Dawson; Defendant/appellant: Thomson Airways Limited
Jurisdiction
England and Wales
Judgment Date
19 June 2014
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From County Court
Outcome
Appeal dismissed
Legal Topics
Flight Delay Compensation, Limitation Periods, Interpretation of EU Regulations, Relationship Between EU Law and International Conventions
Aviation Law European Union Law Contract Law Flight Delay Compensation Limitation Periods Interpretation of EU Regulations Relationship Between EU Law and International Conventions

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Parties

James Dawson

Claimant/respondent

Thomson Airways Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From County Court

Legal Issues

  1. 1 Does the two-year limitation period in Article 35 of the Montreal Convention apply to claims for compensation under Article 7 of EC Regulation 261/2004?
  2. 2 Is a claim for standardised compensation for flight delay under Regulation 261 governed by national law or by the Montreal Convention?

Ratio Decidendi

Claims for compensation under Article 7 of Regulation 261/2004 for flight delay are not actions for damages within the meaning of Article 19 of the Montreal Convention and thus fall outside its scope; the applicable limitation period is determined by national law, not the Convention.

Court Disposition

Appeal dismissed

Orders

  • Judgment for Mr. Dawson; compensation payable under Regulation 261; six-year limitation period under Limitation Act 1980 applies