Case 1110: Abnett v. British Airways Plc.

1
Case 11-10 Abnett v. British Airways Plc.
Judicial Body England, House of Lords
2
Case 11-10 Abnett v. British Airways Plc.

• Facts
• Passengers on BA flight from U.K. to Malaysia via
  Kuwait
• Upon refueling in Kuwait, passengers and crew
  taken prison by the Iraquis (Gulf War just
  beginning..)
• Detained, but subsequently released and returned
  to U.K.
• Claimed damages against British Airways for the
  consequences of their captivity
• Claims for personal injury made at common law

3
Case 11-10 Abnett v. British Airways Plc.

• Issue
• Does the Warsaw Convention provide the exclusive
  cause of action/remedy in respect of claims for
  loss, injury, and damage sustained in the course
  of, or arising out of, international carriage by
  air?

4
Case 11-10 Abnett v. British Airways Plc.

• Decision
• Claims which have been brought in each case for
  damages at common law for personal injury must be
  dismissed.

5
Case 11-10 Abnett v. British Airways Plc.

• Rationale
• Key points from the Warsaw Convention
• applies to all international carriage of
  persons, baggage, or cargo performed by an
  aircraft for reward
• the carrier is not liable if he proves that he
  and his servants/agents had taken all necessary
  measures to avoid the damage, or it was
  impossible to do so
• the carrier is liable for damage sustained
  (injury/death) if the accident..took place on
  board the aircraft, or in the course of
  embarking/disembarking

6
Case 11-10 Abnett v. British Airways Plc.

• Rationale, contd.
• Language/subject matter of the Warsaw Convention
• demonstrates that a uniform code was sought,
  which could be applied by all High Contracting
  Parties without reference to rules of their own
  domestic law
• the code is intended to be uniform in the areas
  in which it deals and exclusive of rules of
  domestic law
• there is no preponderance of reasoning or
  opinion in various cases that provide any
  distinct support for the above case at hand

7
Case 11-10 Abnett v. British Airways Plc.

• Relevancy
• Good reasons for unifying laws in certain subject
  areas on an international basis
• Comes as a reaction to/against excessive
  nationalism
• Strong argument for unification/coordination in
  areas of international trade, transportation, and
  communication
• Case illustrates how shared principles/rules can
  furnish a body of law for resolution of disputes
  which provides for the application of those
  principles/rules common to legal systems of more
  than one nation, as opposed to innumerable
  comparative studies resulting in innumerable
  interpretations

8
TIP If flying to Malaysia, book a non-stop
flight........
9
Top Ten things I will miss from my doctoral
pursuit 1 - ALL OF YOU!!! (Really!) 2 -
Worrying about raccoons stowing away in my trunk
when I go home 3 - Getting up at 500am to
ensure I procure an electrical outlet 4 -
Paying ten cents to print a page I will throw
away anyway 5 - Discovering I have the wrong
books or syllabus one week preceding
class 6 - Getting stuck on an elevator 7 -
Creating a PowerPoint presentation at 200am 8 -
Eating stale bagels and warm fruit for
breakfast 9 - Traveling all over the country to
earn two credit-hours 10 - Sitting in a hard
chair eight hours a day, 6 days in a row GOOD
LUCK, EVERYONE!!!!!