GKN Westland Helicopters Ltd & Anor v Korean Air

GKN Westland Helicopters Ltd & Anor v Korean Air

The exception in Article 22(4) of the Warsaw Convention did not apply because the payment into court exceeded the amount previously offered in writing by the carrier within the relevant period. Therefore, there was no conflict between the Convention and the Civil Procedure Rules, and the claimants were entitled to their costs under the Rules. The application by Korean Air to deprive the claimants of their costs was dismissed.

Parties
Claimant: GKN Westland Helicopters Limited; Claimant: Westland Helicopters Limited; Claimant: Press Tech Controls Limited; Defendant: Korean Air
Jurisdiction
England and Wales
Judgment Date
19 May 2003
Procedural Posture
Commercial Claim (cargo Loss Under Air Carriage) / Post Payment Into Court; Application for Costs Determination
Outcome
Application dismissed
Legal Topics
Warsaw Convention, Limitation of Liability, Costs in Litigation, Interpretation of International Conventions
Aviation Law International Law Civil Procedure Warsaw Convention Limitation of Liability Costs in Litigation Interpretation of International Conventions

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Parties

GKN Westland Helicopters Limited

Claimant

Westland Helicopters Limited

Claimant

Press Tech Controls Limited

Claimant

Korean Air

Defendant

Procedural Posture

Commercial Claim (cargo Loss Under Air Carriage) / Post Payment Into Court; Application for Costs Determination

Legal Issues

  1. 1 Does Article 22(4) of the Warsaw Convention preclude an award of costs to the claimants after acceptance of a payment into court?
  2. 2 Is there a conflict between the Civil Procedure Rules (Part 36) and the Warsaw Convention regarding costs?
  3. 3 Does a payment into court constitute an 'award of damages' under Article 22(4)?

Ratio Decidendi

The exception in Article 22(4) of the Warsaw Convention did not apply because the payment into court exceeded the amount previously offered in writing by the carrier within the relevant period. Therefore, there was no conflict between the Convention and the Civil Procedure Rules, and the claimants were entitled to their costs under the Rules. The application by Korean Air to deprive the claimants of their costs was dismissed.

Court Disposition

Application dismissed

Orders

  • Claimants entitled to costs on a standard basis; assessment to consider that the claim was small and could have been brought in the County Court.