COLIN MATHER AGAINST EASYJET AIRLINE COMPANY LTD AND ANOTHER [2023] ScotCS CSIH_20 (27 April 2023)

COLIN MATHER AGAINST EASYJET AIRLINE COMPANY LTD AND ANOTHER [2023] ScotCS CSIH_20 (27 April 2023)

EasyJet is liable for the pursuer's expenses in both Inner and Outer Houses; DRK is entitled to expenses in Outer House against pursuer, with pursuer afforded right of relief against easyJet; DRK's expenses in Inner House against easyJet are modified by one third due to cross-appeal, reflecting DRK's unsuccessful resistance on that issue.

Citation
[2023] ScotCS CSIH_20
Parties
Pursuer and First Respondent: Colin Mather; First Defenders and Reclaimers: EasyJet Airline Company Limited; Second Defenders and Second Respondents: DRK Hamburg Mediservice GmbH
Jurisdiction
Scotland
Judgment Date
27 April 2023
Procedural Posture
Reclaiming Motion (appeal) in Personal Injury Action / Determination of Expenses Following Unsuccessful Reclaiming Motion
Outcome
Expenses awarded as follows: pursuer entitled to expenses against easyJet; pursuer liable to DRK in Outer House expenses with right of relief against easyJet; DRK entitled to expenses in Inner House against easyJet, modified by one third.
Legal Topics
Montreal Convention, Liability of Carrier, Vicarious Liability, Apportionment of Expenses, Time Bar (limitation), Contribution Between Defendants
Personal Injury Aviation Law International Law Civil Procedure Montreal Convention Liability of Carrier Vicarious Liability Apportionment of Expenses +2 more

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Parties

Colin Mather

Pursuer and First Respondent

EasyJet Airline Company Limited

First Defenders and Reclaimers

DRK Hamburg Mediservice GmbH

Second Defenders and Second Respondents

Procedural Posture

Reclaiming Motion (appeal) in Personal Injury Action / Determination of Expenses Following Unsuccessful Reclaiming Motion

Legal Issues

  1. 1 Incidence and apportionment of expenses following unsuccessful reclaiming motion
  2. 2 Liability of easyJet under Montreal Convention
  3. 3 Vicarious liability of DRK for wheelchair operative

Ratio Decidendi

EasyJet is liable for the pursuer's expenses in both Inner and Outer Houses; DRK is entitled to expenses in Outer House against pursuer, with pursuer afforded right of relief against easyJet; DRK's expenses in Inner House against easyJet are modified by one third due to cross-appeal, reflecting DRK's unsuccessful resistance on that issue.

Court Disposition

Expenses awarded as follows: pursuer entitled to expenses against easyJet; pursuer liable to DRK in Outer House expenses with right of relief against easyJet; DRK entitled to expenses in Inner House against easyJet, modified by one third.

Orders

  • Pursuer awarded expenses against easyJet in both Inner and Outer Houses.
  • Pursuer liable to DRK for Outer House expenses, with right of relief against easyJet.