A Community air carrier1 under the Montreal Convention2 must without delay, and in any event not later than 15 days after the identity of the natural person entitled to compensation3 has been established, make such advance payments as may be required to meet immediate economic needs on a basis proportional to the hardship suffered4. In the event of death the advance payment must not be less than the equivalent in euro of 16,000 special drawing rights5 per passenger6. An advance payment does not constitute recognition of liability and may be offset against any subsequent sums paid on the basis
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This Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of duty of care outside a statutory duty, see Practice Notes:•Negligence—when does a duty of care arise?•Negligence—when is the duty of care breached?Breach of
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