Dawson v Thomson Airways Ltd

Dawson v Thomson Airways Ltd

Claims for compensation under Regulation 261/2004 for flight delay fall outside the scope of the Montreal Convention and are governed by national law, specifically the six-year limitation period under section 9 of the Limitation Act 1980, not the two-year period under Article 35 of the Convention.

Parties
Claimant/respondent: James Dawson; Defendant/appellant: Thomson Airways Limited
Jurisdiction
England and Wales
Judgment Date
19 June 2014
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Limitation of Actions, Compensation for Flight Delay, Interpretation of International Conventions, Relationship Between EU Regulations and International Treaties
Aviation Law European Union Law Contract Law Limitation of Actions Compensation for Flight Delay Interpretation of International Conventions Relationship Between EU Regulations and International Treaties

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Parties

James Dawson

Claimant/respondent

Thomson Airways Limited

Defendant/appellant

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the two-year limitation period under Article 35 of the Montreal Convention applies to compensation claims under EC Regulation 261/2004
  2. 2 Whether compensation for flight delay under Regulation 261/2004 falls within the scope of the Montreal Convention
  3. 3 Whether national law or the Convention governs limitation for Regulation 261 claims

Ratio Decidendi

Claims for compensation under Regulation 261/2004 for flight delay fall outside the scope of the Montreal Convention and are governed by national law, specifically the six-year limitation period under section 9 of the Limitation Act 1980, not the two-year period under Article 35 of the Convention.

Court Disposition

Appeal dismissed

Orders

  • Judgment for Mr. Dawson
  • Compensation payable under Regulation 261/2004