On receiving a gift voucher from a friend, the claimant Laroche, participated in a hot air balloon flight organised by the defendant, Spirit of Adventure. A forced landing resulted in an injury to the claimant. Subsequently, the defendant company went into liquidation; but its…
Subsequently, Laroche made a claim in the High Court of England and Wales, for personal injury against the defendant, which was dismissed.
Laroche appealed against this decision in the England and Wales Court of Appeal. The High Court had held that his claim had been extinguished, on the basis of Schedule 1, Article 29 of the Carriage by Air Acts (Application of Provisions) Order 1967. Thereafter, the Spirit of Adventure underwent voluntary liquidation, but it was appropriately restored, so that Laroche could claim damages for the injury caused to him.
In England, all claims are subjected to the application of the Non – International Rules and they also fall within the scope of the Warsaw Convention on International Carriage by Air 1929. Thus, the concept of exclusivity of claims is governed by the Carriage by Air Act of 1961.
In this case, the claim was made under article 29 of Schedule I. Under this article, the parties have to make a claim within a period of two years. Thus, the claim in this case was not valid, since two years had already transpired. The claimant could not invoke his right to action. Section 651 of the Companies Act 1985 sets aside such limitation. Nevertheless, article 29 could not be excluded in order to invoke the doctrines of estoppel or waiver under English law1.
It was held by the court that Laroche’s claim was governed by Schedule 1 of the 1967 Order. This Order provides an exclusive cause of action; and Laroche could invoke this schedule to his claims. However, he had failed to make a claim within two years. Thus, he was precluded from invoking Schedule 1 article 292.
This is a landmark case in the area of accidents, during carriage by air or sea. It served to establish that the provisions of International Conventions will be applied to claims in such accidents. The provisions apply to claims in domestic or international accidents. The conventions provide remedies to the claims for damages, and are ...
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(Legal System and Method Essay Example | Topics and Well Written Essays - 1500 Words)
“Legal System and Method Essay Example | Topics and Well Written Essays - 1500 Words”, n.d. https://studentshare.net/miscellaneous/391718-legal-system-and-method.
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