The Law Reports (Appeal Cases)
[1981] AC 251
[HOUSE OF LORDS]
FOTHERGILL RESPONDENT AND MONARCH AIRLINES LTD. APPELLANTS
[1976 F. No. 542]
1980 May 20,
21,
22;
July 10
July 10
Lord Wilberforce, Lord Diplock, Lord Fraser of Tullybelton, Lord Scarman and Lord Roskill
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)
Statute
— Construction
— International convention
— Statute giving effect to convention
— Use of extrinsic material, including travaux préparatoires, 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 that occurred before passing of Act
— Effect on construction of original provision
—
Carriage by Air and Road Act 1979 (c. 28), s. 2 (1) (2)