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PI Brief Update

What’s in a Name? A Strike Out, That’s What - Jasmine Murphy, Hardwicke Chambers

18/09/13. A claimant received a nasty surprise this week when her claim for injury pleaded under the Montreal Convention was struck out with costs to the defendant of nearly £6,000. It was struck out because the only claim she could make against the defendant was under the unamended Warsaw Convention 1929. However the Warsaw Convention had not been pleaded and 2 years had now passed since the accident. This result may seem somewhat draconian when it was just one word of the title of the Convention which was some 4,011 miles out of place.  What made the decision of District Judge Brooks in Bromley County Court all the more bitter...

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All information on this site was believed to be correct by the relevant authors at the time of writing. All content is for information purposes only and is not intended as legal advice. No liability is accepted by either the publisher or the author(s) for any errors or omissions (whether negligent or not) that it may contain. 

The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

Professional advice should always be obtained before applying any information to particular circumstances.

Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.