COLIN MATHER AGAINST (FIRST) EASYJET AIRLINE COMPANY LIMITED and (SECOND) DRK HAMBURG MEDISERVICE gGmbH [2022] CSOH 40 (18 May 2022)

COLIN MATHER AGAINST (FIRST) EASYJET AIRLINE COMPANY LIMITED and (SECOND) DRK HAMBURG MEDISERVICE gGmbH [2022] CSOH 40 (18 May 2022)

DRK was acting as EasyJet's agent for the purposes of the Montreal Convention because the services provided were in furtherance of the contract of carriage, regardless of the absence of a direct contractual relationship. The injury to Mr Mather was caused by the negligence of DRK's employee, for which EasyJet is liable without limitation under Article 21(2)(a) of the Convention. The PRM Regulation does not affect the liability regime under the Convention. EasyJet's claim for contribution against DRK is governed by German law, and is time-barred as it was not brought within the applicable limitation period.

Citation
[2022] CSOH 40
Parties
Pursuer: Colin Mather; First Defender: EasyJet Airline Company Limited; Second Defender: DRK Hamburg Mediservice gGmbH
Jurisdiction
European Union
Judgment Date
18 May 2022
Procedural Posture
Personal Injury Action / Judgment After Proof (trial) on Liability, Limitation of Liability, and Contribution
Outcome
Judgment for the pursuer against EasyJet for unlimited damages; claim for contribution by EasyJet against DRK dismissed as time-barred under German law.
Legal Topics
Carrier Liability, Montreal Convention, Limitation of Liability, Agency, Contribution Between Tortfeasors, Disabled Passenger Rights, Conflict of Laws
Aviation Law Tort Law Private International Law Contract Law European Union Law Carrier Liability Montreal Convention Limitation of Liability +4 more

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Parties

Colin Mather

Pursuer

EasyJet Airline Company Limited

First Defender

DRK Hamburg Mediservice gGmbH

Second Defender

Procedural Posture

Personal Injury Action / Judgment After Proof (trial) on Liability, Limitation of Liability, and Contribution

Legal Issues

  1. 1 Whether EasyJet is liable for unlimited damages under the Montreal Convention for injuries suffered by Mr Mather during disembarkation
  2. 2 Whether DRK was acting as EasyJet's agent or as a third party under the Convention
  3. 3 Whether EasyJet is entitled to contribution from DRK and under which law

Ratio Decidendi

DRK was acting as EasyJet's agent for the purposes of the Montreal Convention because the services provided were in furtherance of the contract of carriage, regardless of the absence of a direct contractual relationship. The injury to Mr Mather was caused by the negligence of DRK's employee, for which EasyJet is liable without limitation under Article 21(2)(a) of the Convention. The PRM Regulation does not affect the liability regime under the Convention. EasyJet's claim for contribution against DRK is governed by German law, and is time-barred as it was not brought within the applicable limitation period.

Court Disposition

Judgment for the pursuer against EasyJet for unlimited damages; claim for contribution by EasyJet against DRK dismissed as time-barred under German law.

Orders

  • EasyJet is liable to Mr Mather for unlimited damages for his injuries sustained during disembarkation.
  • EasyJet's claim for contribution against DRK is dismissed as time-barred.