COLIN MATHER AGAINST EASYJET AIRLINE COMPANY LTD AND ANOTHER [2023] ScotCS CSIH_8 (10 February 2023)

COLIN MATHER AGAINST EASYJET AIRLINE COMPANY LTD AND ANOTHER [2023] ScotCS CSIH_8 (10 February 2023)

DRK Hamburg Mediservice gGmbH was acting as EasyJet's agent within the meaning of the Montreal Convention when assisting the pursuer during disembarkation. EasyJet is liable for unlimited damages as the accident was caused by the negligence of DRK's employee, and EasyJet failed to prove the injury was not due to its own or its agent's negligence. The applicable law for EasyJet's contribution claim against DRK is German law, under which the claim is time barred. DRK is assoilzied from the contribution claim.

Citation
[2023] ScotCS CSIH_8
Parties
Pursuer and First Respondent: Colin Mather; First Defenders and Reclaimers: EasyJet Airline Company Limited; Second Defenders and Second Respondents: DRK Hamburg Mediservice gGmbH
Jurisdiction
Scotland
Judgment Date
10 February 2023
Procedural Posture
Reclaiming Motion (appeal) in Personal Injury Action / Appeal Judgment
Outcome
EasyJet liable for unlimited damages to pursuer; contribution claim against DRK dismissed as time barred under German law; DRK assoilzied from claim.
Legal Topics
Montreal Convention Liability, Agency Under International Treaties, Vicarious Liability, Contribution Between Tortfeasors, Limitation of Actions, Disabled Passenger Rights
Aviation Law Personal Injury International Law Private International Law Montreal Convention Liability Agency Under International Treaties Vicarious Liability Contribution Between Tortfeasors +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 23 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Colin Mather

Pursuer and First Respondent

EasyJet Airline Company Limited

First Defenders and Reclaimers

DRK Hamburg Mediservice gGmbH

Second Defenders and Second Respondents

Procedural Posture

Reclaiming Motion (appeal) in Personal Injury Action / Appeal Judgment

Legal Issues

  1. 1 Whether DRK Hamburg Mediservice gGmbH acted as agent of EasyJet under the Montreal Convention
  2. 2 Whether EasyJet is liable for unlimited damages under the Montreal Convention
  3. 3 Whether EasyJet's claim for contribution against DRK is time barred under German law

Ratio Decidendi

DRK Hamburg Mediservice gGmbH was acting as EasyJet's agent within the meaning of the Montreal Convention when assisting the pursuer during disembarkation. EasyJet is liable for unlimited damages as the accident was caused by the negligence of DRK's employee, and EasyJet failed to prove the injury was not due to its own or its agent's negligence. The applicable law for EasyJet's contribution claim against DRK is German law, under which the claim is time barred. DRK is assoilzied from the contribution claim.

Court Disposition

EasyJet liable for unlimited damages to pursuer; contribution claim against DRK dismissed as time barred under German law; DRK assoilzied from claim.

Orders

  • EasyJet to make reparation to pursuer without limit of liability.
  • Case to proceed to proof on quantum.