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Carriage by air – Carriage of passengers. The claimant wheel chair user issued proceedings for a declaration that the defendant tour operator and air carrier's treatment of him was in breach of its duty and damages for injury to his feelings. The judge granted the declaration, but found he was precluded from awarding damages by the Convention for the Unification of Certain Rules for International Carriage by Air. The Court of Appeal, Civil Division, upheld the judge's decision and the claimant appealed. The Supreme Court, in dismissing the appeal, held that the facts pleaded and found established that the claimant's claim had been squarely within the temporal scope of the Convention. Further, a claim for general damages for ill treatment in breach of equality laws or failure to provide properly for the needs of a disabled passenger should not be regarded as outside the substantive scope of the Convention.
Carriage by air – Carriage of passengers. The claimant wheel chair user issued proceedings for a declaration that the defendant tour operator and air carrier's treatment of him was in breach of its duty and damages for injury to his feelings. The judge granted the declaration, but found he was precluded from awarding damages by the Convention for the Unification of Certain Rules for International Carriage by Air. The Court of Appeal, Civil Division, upheld the judge's decision and the claimant appealed. The Supreme Court, in dismissing the appeal, held that the facts pleaded and found established that the claimant's claim had been squarely within the temporal scope of the Convention. Further, a claim for general damages for ill treatment in breach of equality laws or failure to provide properly for the needs of a disabled passenger should not be regarded as outside the substantive scope of the Convention.
Sam Townend KC explains the Bar Council’s efforts towards ensuring a bright future for the profession
Giovanni D’Avola explores the issue of over-citation of unreported cases and the ‘added value’ elements of a law report
Louise Crush explores the key points and opportunities for tax efficiency
Westgate Wealth Management Ltd is a Partner Practice of FTSE 100 company St. James’s Place – one of the top UK Wealth Management firms. We offer a holistic service of distinct quality, integrity, and excellence with the aim to build a professional and valuable relationship with our clients, helping to provide them with security now, prosperity in the future and the highest standard of service in all of our dealings.
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If you were to host a dinner party with 10 guests, and you asked them to explain what financial planning is and how it differs to financial advice, you’d receive 10 different answers. The variety of answers highlights the ongoing need to clarify and promote the value of financial planning.
On the 50th anniversary of the pub bombings, even now it is still unresolved. Chris Mullin, the journalist and former MP who led the campaign leading to the release of the Birmingham Six, looks back at events
Adele Akers’ reflections on health and wellbeing support at the very junior end of the Bar
Not one to say, ‘I told you so,’ Sam Thomas continues his cyber series with the key learnings from the major supply chain attack affecting 80 law firms and at least one set of chambers at the end of 2023
One year on and the Court of Appeal fails to quash convictions after receiving evidence of racism in the jury room, and there are still no revisions to the Equal Treatment Bench Book , says Keir Monteith KC
Increasing sophistication and frequency of attacks have led many chambers to ask ‘when’ not ‘if’ they will suffer a cyber incident. Simon Davis sets out the factors to consider when renewing your cyber cover
