DELANEY, CAROLINE DELANEY AGAINST JET2.COM LIMITED [2019] ScotSC 13 (12 February 2019)

The court held that the pursuer's injury was caused by an accident within the meaning of the Montreal Convention and that the defender is liable for damages.

Citation: [2019] ScotSC 13
Parties: Pursuer: Caroline Delaney; Defender: Jet2.com Limited
Jurisdiction: Scotland
Judgment Date: 12 February 2019
Procedural Posture: Civil / Judgment
Outcome: judgment for pursuer
Legal Topics: Airline Liability, Montreal Convention, Damages for Injury

Personal Injury Aviation Law Airline Liability Montreal Convention Damages for Injury

Case Brief

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Parties

Caroline Delaney

Pursuer

Jet2.com Limited

Defender

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether the defender is liable for personal injury sustained by the pursuer during air travel under the Montreal Convention

Ratio Decidendi

The court held that the pursuer's injury was caused by an accident within the meaning of the Montreal Convention and that the defender is liable for damages.

Court Disposition

judgment for pursuer

Orders

Defender to pay damages to pursuer