In re Deep Vein Thrombosis and Air Travel Group Litigation

Subject Matter

AIRCRAFT — Carriage by air — Accident — Passenger suffering deep vein thrombosis during normal flight — Passenger's claim under Convention that bodily injury caused by “accident” — Whether carrier's assumed failure to warn of risks of injury and provision of cramped seating capable of constituting “accident” — Carriage by Air Act 1961, Sch 1, art 17

[2004] QB 234; [2003] 3 WLR 956; [2005] 3 WLR 1320; [2003] 1 All ER 935; [2003] 1 All ER (Comm) 418

HUMAN RIGHTS — International treaty — Compatibility — Duty of court to read and give effect to legislation in manner compatible with Convention rights — Whether applying to international treaties given force by statute — Human Rights Act 1998, s 3(1)

[2003] 1 All ER 935; [2003] 1 All ER (Comm) 418

AIRCRAFT — Carriage by air — Accident — Passenger suffering deep vein thrombosis during normal flight — Passenger's claim under Convention that bodily injury caused by “accident” — Whether carrier's assumed failure to warn of risks of injury and provision of cramped seating capable of constituting “accident” — Carriage by Air Act 1961, Sch 1, Pt I, art 17

[2006] 1 AC 495; [2005] 3 WLR 1320

Appellate History

In re Deep Vein Thrombosis and Air Travel Group Litigation [2002] EWHC 2825 (QB); [2003] 1 All ER 935; [2003] 1 All ER (Comm) 418, QBD

Decision of Nelson J affirmed

In re Deep Vein Thrombosis and Air Travel Group Litigation [2003] EWCA Civ 1005; [2004] QB 234; [2003] 3 WLR 956; [2004] 1 All ER 445; [2004] 1 All ER (Comm) 459, CA

In re Deep Vein Thrombosis and Air Travel Group Litigation [2003] EWCA Civ 1005; [2004] QB 234; [2003] 3 WLR 956; [2004] 1 All ER 445; [2004] 1 All ER (Comm) 459, CA

Decision of the Court of Appeal affirmed

In re Deep Vein Thrombosis and Air Travel Group Litigation [2005] UKHL 72; [2006] 1 AC 495; [2005] 3 WLR 1320; [2006] 1 All ER 786; [2006] 1 All ER (Comm) 313; [2006] 1 Lloyd's Rep 231, HL(E)

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