Settlement reached in multi-jurisdictional aviation case

Posted by Daniel Scognamiglio on

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Mr X was caught up in the volcanic ash disruptions in April 2010. His flight from Paris was cancelled and he was placed in an airport hotel. The claimant's previous solicitors requested our assistance in 2013 due to our experience in handling international claims.

Mr X suffers from multiple sclerosis and uses a wheelchair; he was transported to his hotel via a vehicle with a purpose built ramp. Upon arriving at the hotel, he descended the ramp and due an alleged lack of assistance he fell from his chair, it landed on top of him and he suffered soft tissue injuries to his back and his right leg.  

Mr X contacted BL Claims solicitors as specialists in aviation claims. Expert evidence was obtained and confirmed that this incident had caused an exacerbation of the pre-existing condition. Consequently, Mr X was forced into early retirement. 

Issues surrounded the application of the Montreal Convention and in particular, whether the aviation claim arose during the process of embarkation. Further issues involved the application of French law. Ultimately, we were able to bring the claim in the UK by applying European Union Law and following negotiations with the insurers of the Airports Ground Handling Company, an undisclosed sum plus costs settled his claim. 

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About the Authors

Daniel leads our travel team. He is a specialist in multi-jurisdictional disputes, travel insurance litigation and tour operator liability and is qualified as a solicitor in England and Attorney at Law (non-practising) New York.

Daniel Scognamiglio
Email Daniel
023 8085 7339

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Iqval's main areas of practice are personal injury and dealing with accident claims in a wide range of foreign jurisdictions.

Iqval Dale
Email Iqval
023 8085 7208

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