COLIN MATHER AGAINST (FIRST) EASYJET AIRLINE COMPANY LIMITED and (SECOND) DRK HAMBURG MEDISERVICE gGmbH [2022] ScotSC CSOH_40 (18 May 2022)

COLIN MATHER AGAINST (FIRST) EASYJET AIRLINE COMPANY LIMITED and (SECOND) DRK HAMBURG MEDISERVICE gGmbH [2022] ScotSC CSOH_40 (18 May 2022)

DRK was acting as agent of easyJet for the purposes of the Montreal Convention because its services in assisting Mr Mather to disembark were in furtherance of the contract of carriage. The accident was caused by the negligence of DRK's employee. Therefore, easyJet is liable for unlimited damages under Article 21(2)(a) of the Convention, as it failed to prove the injury was not due to its own or its agent's negligence. The PRM Regulation does not affect the passenger's rights under the Convention. EasyJet's claim for contribution against DRK is governed by German law, and is time-barred as not brought within the three-year limitation period.

Citation
[2022] ScotSC CSOH_40
Parties
Pursuer: Colin Mather; First Defender: easyJet Airline Company Limited; Second Defender: DRK Hamburg Mediservice gGmbH
Jurisdiction
Scotland
Judgment Date
18 May 2022
Procedural Posture
Personal Injury / Damages Claim Under International Air Carriage Law / Judgment After Proof (trial) on Liability, Limitation of Liability, and Contribution
Outcome
Judgment for the pursuer (Mr Mather) against easyJet for unlimited damages; easyJet's claim for contribution against DRK dismissed as time-barred under German law.
Legal Topics
Montreal Convention 1999, Carrier Liability, Limitation of Liability, Agency, Contribution Between Wrongdoers, Personal Injury, Disabled Passenger Rights, Interpretation of International Conventions
Aviation Law International Law Tort Law Contract Law Conflict of Laws Montreal Convention 1999 Carrier Liability Limitation of Liability +5 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 / Damages Claim Under International Air Carriage Law / 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 Hamburg Mediservice acted as agent of easyJet or as a third party under the Convention
  3. 3 Whether easyJet's liability can be limited under Article 21 of the Convention

Ratio Decidendi

DRK was acting as agent of easyJet for the purposes of the Montreal Convention because its services in assisting Mr Mather to disembark were in furtherance of the contract of carriage. The accident was caused by the negligence of DRK's employee. Therefore, easyJet is liable for unlimited damages under Article 21(2)(a) of the Convention, as it failed to prove the injury was not due to its own or its agent's negligence. The PRM Regulation does not affect the passenger's rights under the Convention. EasyJet's claim for contribution against DRK is governed by German law, and is time-barred as not brought within the three-year limitation period.

Court Disposition

Judgment for the pursuer (Mr Mather) against easyJet for unlimited damages; easyJet's claim for contribution against DRK dismissed as time-barred under German law.

Orders

  • easyJet is liable to Mr Mather for unlimited damages for personal injury sustained during disembarkation.
  • easyJet's claim for contribution or apportionment against DRK is dismissed as time-barred.