The following PI & Clinical Negligence practice note provides comprehensive and up to date legal information covering:
Brexit: Since the UK applies the provisions of the Montreal Convention directly by the Carriage by Air Act 1961 it is difficult to envisage that following the UK’s departure from the EU there will be any change. For guidance, see Practice Note: Brexit—considerations for personal injury claims.
There are two Conventions to consider governing the liability of air carriers for loss, injury and damage sustained in the course of, or arising out of, international carriage by air. The purpose of these Conventions is to harmonise the law on these issues.
The first of these Conventions was the Warsaw Convention, signed in 1929 and effective from 1933. The Convention was then amended at the Hague in 1955 by adoption of the Hague Protocol, and from then on was known as the Warsaw Convention as amended at the Hague in 1955. The Convention applied only between signatory nations. If one of the parties was a signatory to the Warsaw Convention, while the other was a party to the Hague Protocol only, there would be no mutual ground for international litigation.
The Warsaw Convention was then replaced by the Montreal Convention, which was signed in 1999 and came into force in November 2003. Pursuant to the Carriage by Air (Implementation of the Montreal Convention 1999) Order 2002, SI 2002/263 (see Schedule 1 for full text of the Convention), which had the effect
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What is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract, has been invalidated in some way:•the effect of rescinding a contract is to extinguish it and restore the parties to their pre-contractual positions•the main grounds of
The offence of causing grievous bodily harm with intentWounding or causing grievous bodily harm (GBH) with intent is triable only in the Crown Court on indictment. Elements of the offence Under the Offences against the Person Act 1861 (OATPA 1861), the prosecution must prove the defendant unlawfully
The roles of nominated officer and money laundering reporting officerA nominated officer is an individual who is nominated by a firm to receive disclosures under Part 7 of the Proceeds of Crime Act 2002 (POCA 2002) or Part III of the Terrorism Act 2000 (TA 2000)—see Requirement to appoint a
Who is a fiduciary?There is no comprehensive list of the relationships which give rise to the existence of fiduciary duties under common law. Some relationships are automatically fiduciary, eg those between trustee and beneficiary, solicitor and client, principal and agent, business partner and
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