Source: All England Reporter
Publisher Citation: [2009] All ER (D) 137 (Jan)
Neutral Citation: [2009] EWCA Civ 12
Court: Court of Appeal, Civil Division

Mummery, Dyson and Jacob LJJ

Representation Charles Davey (instructed by Graham Dawson & Co) for the claimant.
  Robert Lawson (instructed by Bruce, Lance & Co) for the defendant.
Judgment Dates: 21 January 2009


Carriage by air - Carriage of passengers - Domestic carriage - Limitation of carrier's liability - Hot air balloon flight - Claimant injured when balloon landing - Exclusion of liability - Judge dismissing claimant's claim for damages finding that balloon classified as aircraft and that claimant being passenger - Whether judge erring - Carriage by Air Acts (application of Provisions) Order 1967, , ,  1, 17, 24 - Air Navigation Order 2000, .

The Case

Carriage by air Carriage of passengers. Court of Appeal, Civil Division: In proceedings concerning the claimant's claim for damages following an injury he had sustained when a hot air balloon he was being carried in had crashed to the ground with considerable force, the judge had been correct to find that a hot air balloon was an aircraft and that the claimant had been travelling in it as a passenger.

Practice Areas

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