Hammond v Bristow Helicopters Ltd [1998] ScotCS 66 (13 November 1998)

Hammond v Bristow Helicopters Ltd [1998] ScotCS 66 (13 November 1998)

Article 17 of the Warsaw Convention (as amended) does not permit recovery for purely psychiatric or psychological injury unaccompanied by physical injury. However, physical illnesses or symptoms directly caused by the accident, even if mediated by psychological trauma (such as peptic ulcer disease), are compensatable. The English text of the Convention applies to non-international carriage under UK law, but the French text may be consulted for interpretation if needed.

Citation
[1998] ScotCS 66
Parties
Pursuer: Peter Frederick Hammond; Pursuer: Edwin Thomas Brown; Pursuer: Philip King; Defender: Bristow Helicopters Limited
Jurisdiction
Scotland
Judgment Date
13 November 1998
Procedural Posture
Civil Action for Damages Under Article 17 of the Warsaw Convention (as Amended) / Procedure Roll Hearing on Relevancy (pleadings Only, No Evidence Led)
Outcome
Actions by Hammond and Brown dismissed as irrelevant; King's action allowed to proceed to proof restricted to physical illness claims.
Legal Topics
Interpretation of Article 17 of the Warsaw Convention, Liability for Psychiatric Injury in Air Carriage, Scope of 'bodily Injury' Under International Conventions, Relevancy of Pleadings in Civil Procedure
Aviation Law International Law Tort Law Interpretation of Article 17 of the Warsaw Convention Liability for Psychiatric Injury in Air Carriage Scope of 'bodily Injury' Under International Conventions Relevancy of Pleadings in Civil Procedure

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Parties

Peter Frederick Hammond

Pursuer

Edwin Thomas Brown

Pursuer

Philip King

Pursuer

Bristow Helicopters Limited

Defender

Procedural Posture

Civil Action for Damages Under Article 17 of the Warsaw Convention (as Amended) / Procedure Roll Hearing on Relevancy (pleadings Only, No Evidence Led)

Legal Issues

  1. 1 Does Article 17 of the Warsaw Convention (as amended) permit recovery for purely psychiatric injury unaccompanied by physical injury?
  2. 2 Is physical illness caused by psychological trauma (e.g., peptic ulcer disease) compensatable under Article 17?
  3. 3 Does the English or French text of the Convention prevail in non-international carriage under UK law?

Ratio Decidendi

Article 17 of the Warsaw Convention (as amended) does not permit recovery for purely psychiatric or psychological injury unaccompanied by physical injury. However, physical illnesses or symptoms directly caused by the accident, even if mediated by psychological trauma (such as peptic ulcer disease), are compensatable. The English text of the Convention applies to non-international carriage under UK law, but the French text may be consulted for interpretation if needed.

Court Disposition

Actions by Hammond and Brown dismissed as irrelevant; King's action allowed to proceed to proof restricted to physical illness claims.

Orders

  • Dismissal of Hammond's and Brown's actions.
  • Proof allowed in King's action restricted to averments of peptic ulcer disease and dyspepsia.