Commentary

46 Limitation of actions

CARRIERS vol 6(1)B
| Commentary

46 Limitation of actions

| Commentary

46 Limitation of actions

The Montreal Convention 1999 and every version of the Warsaw Convention provides that the right to damages is limited to two years, reckoned from the date of actual arrival at the destination, the date on which the aircraft ought to have arrived, or the date on which the transportation stopped, whichever is the later1. The method of calculating the period of limitation is determined by the law of the court to which the case is submitted2. Under English law, ‘the right to damages’ covers both actions brought under the Carriage by Air Act 1961 (and the

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