Associate Director Mark Gammon reports on a recent decision from Birmingham County Court in which it has been held that once the right to damages under MC99 is extinguished, it cannot be resurrected by the application of a civil procedure rule.  To do so would, “….breathe life into a dead claim”. 

Celestial Aviation Trading 71 Ltd v Paramount Airways Private Ltd [2010] EWHC 185 (Comm)

Zohar Zik (Senior Associate) and Laura Baker (Trainee) consider a recent commercial court decision in which a defaulting lessee under an aircraft lease (with respect to non payment of rent) sought relief from forfeiture.

In Sook Jeong (and others) v China Northern Airlines

On 16 June 2009, the High Court of Seoul delivered a much awaited decision in the last remaining passenger fatality claim arising from the crash of China Northern Airlines MD – 82 off the Bay of Dalian, People’s Republic of China (PRC) on 7 May 2002.  The decision is of interest with respect to the application of PRC law on damages in a Korean context. Cheryl Guan, Associate (Singapore) reports. 

Liability of airport operators for damage occasioned to aircraft during engine run-up

In a recent decision, the Swedish Supreme Court has denied leave to appeal and so affirmed the CAA’s responsibility as airport operator for damage sustained by aircraft during engine run-up activities. (Christina Waering, senior associate and member of Setterwalls Dispute Resolution Group in Stockholm. Sweden acted for Thomson Airways Limited and its insurers).

Dean Thomas v Iberia (16 December 2009)

In this first instance decision the court has denied compensation under (EC) Regulation No. 261/2004 to a passenger seeking compensation for delay to a flight arising after departure. 

EU Commission: list of airlines banned from European airspace – the 12th update