The Weekly Law Reports
[1979] 3 WLR 491
[COURT OF APPEAL]
FOTHERGILL
v.
MONARCH AIRLINES LTD.
[1976 F. No. 542]
1979 June 7,
8,
22;
July 31
July 31
Lord Denning M.R. Browne and Geoffrey Lane L.JJ.
Aircraft
— Carriage by air
— Limitation of liability
— Loss of articles from baggage
— Whether “damage” to baggage
— Passenger's failure to complain of partial loss within seven days
— Right to claim damages
—
Carriage by Air Act 1961 (9 & 10 Eliz. 2, c. 27), Sch. 1, art. 26 (2)
—
Carriage by Air and Road Act 1979 (c. 28), s. 2 (1) (2)
Statute
— Construction
— International convention
— Statute giving effect toconvention
— Use of extrinsic material, including travaux preparatoires, as aid to construction
— French text to prevail if inconsistencies between that text and English
— Evidence of meaning of French word
—
Carriage by Air Act 1961, s. 1 (2), Sch. 1, art. 26 (2)
Statute
— Retroactive effect
— Carriage by air
— Section not to apply to loss which occurred before passing of Act
— Effect on construction of original provision
—
Carriage by Air and Road Act 1979, s. 2 (1) (2)