Fothergill v Monarch Airlines Ltd

Subject Matter

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, Sch 1, art 26 (2)

[1978] QB 108; [1977] 3 WLR 885; [1977] 3 All ER 616; [1977] 2 Lloyd's Rep 184, QBD

STATUTE — Construction — International convention — Statute giving effect to convention — Use of extrinsic material, including travaux prèparatoires, 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)

[1978] QB 108; [1977] 3 WLR 885; [1977] 3 All ER 616; [1977] 2 Lloyd's Rep 184, QBD

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)

[1980] QB 23; [1979] 3 WLR 491; [1979] 3 All ER 445; [1980] 1 Lloyd's Rep 149, CA

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, Sch 1, art 26(2)

[1981] AC 251; [1980] 3 WLR 209; [1980] 2 All ER 696; [1980] 2 Lloyd's Rep 295, HL(E)

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 1971, s 1(2), Sch 1, art 26(2)

[1981] AC 251; [1980] 3 WLR 209; [1980] 2 All ER 696; [1980] 2 Lloyd's Rep 295, HL(E)

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, s 2(1)(2)

[1978] QB 108; [1980] QB 23; [1981] AC 251; [1977] 3 WLR 885; [1979] 3 WLR 491; [1980] 3 WLR 209

Appellate History