Nolan v Aer Lingus Group Plc

• Jurisdiction: Ireland
• Judge: JACQUELINE LINNANE
• Judgment Date: 09 November 2009
• Neutral Citation: [2009] JILL-CC 110901
• Docket Number: Record No: 10365/2008
• Court: Circuit Court
• Date: 09 November 2009

[2009] JILL-CC 110901

THE CIRCUIT COURT

Record No: 10365/2008

Nolan v Aer Lingus Group PLC

DUBLIN CIRCUIT COUNTY OF THE CITY OF DUBLIN

BETWEEN:

EMMA NOLAN

PLAINTIFF

AND

AER LINGUS GROUP PLC

DEFENDANT

AIR NAVIGATION & TRANSPORT (INTERNATIONAL CONVENTIONS) ACT 2004

CONVENTION FOR THE UNIFICATION OF CERTAIN RULES FOR INTERNATIONAL CARRIAGE BY AIR (MONTREAL CONVENTION) ART 35

CONVENTION FOR THE UNIFICATION OF CERTAIN RULES RELATING TO INTERNATIONAL CARRIAGE BY AIR (WARSAW CONVENTION) ART 29

CONVENTION FOR THE UNIFICATION OF CERTAIN RULES RELATING TO INTERNATIONAL CARRIAGE BY AIR (WARSAW CONVENTION) ART 17

AIR NAVIGATION & TRANSPORT ACT 1936

SIDHU & ORS v BRITISH AIRWAYS PLC 1997 AC 430 1997 2 WLR 26 1997 1 AER 193

DICEY & ORS DICEY & MORRIS ON THE CONFLICT OF LAWS 12ED 1993 37

CONVENTION FOR THE UNIFICATION OF CERTAIN RULES RELATING TO INTERNATIONAL CARRIAGE BY AIR (WARSAW CONVENTION) ART 1

CONVENTION FOR THE UNIFICATION OF CERTAIN RULES RELATING TO INTERNATIONAL CARRIAGE BY AIR (WARSAW CONVENTION) ART 24(1)

CONVENTION FOR THE UNIFICATION OF CERTAIN RULES RELATING TO INTERNATIONAL CARRIAGE BY AIR (WARSAW CONVENTION) ART 22

MORRIS v KLM ROYAL DUTCH AIRLINES 2002 QB 100 2001 3 WLR 351 2001 3 AER 126

STATUTE OF LIMITATIONS 1957

SHAWCROSS & ORS SHAWCROSS & BEAUMONT ON AIR LAW 4ED 1977 409

JACQUELINE LINNANE

1 In this case on the application of the Defendant on 15^th May, 2009 the Court directed the hearing of a preliminary issue for determination as to the following:

2 Whether the provisions of the Montreal Convention having force of law in Ireland under the Air Navigation and Transport (International Conventions) Act 2004 apply to the present case.

3 If such provisions apply, is the Plaintiff's claim statute barred by Article 35 of the said Convention (the equivalent of Article 29 of the Warsaw Convention).

4 If such provisions apply and the claim is not statute barred, is the Plaintiff entitled to recover for wholly psychological injuries in light of the provisions of Article 17.

5 The hearing of this preliminary issue took place on 20^th July, 2009. It is accepted that as the incident giving rise to this claim arose in

6 June 2002 the appropriate and operative convention is the Warsaw Convention and that the relevant articles in that Convention to be considered are identical to those in the Montreal Convention. The Warsaw Convention was incorporated into Irish Law under the Air Navigation and Transport Act,1936. Accordingly as it is accepted that it is the provisions of the Warsaw Convention which apply here, taking into account the date of the incident, the first question should be whether the provisions of the Warsaw Convention, having force of law in Ireland under the Air Navigation and Transport Act, 1936 apply to the present case.

7 The facts here are as follows: The Civil Bill issued in November 2008. The Plaintiff claims she suffered psychological injuries and trauma on 28^th June, 2002 when she was 13 years of age arising from a flight she travelled on from Dublin to Paris with the Defendant. The claim is that her parents entered into an agreement with the Defendant whereby she would travel alone as an unaccompanied minor to Charles de Gaulle airport but be accompanied by a servant or agent of the Defendant until she met with a specified party at Charles de Gaulle airport. It is claimed that after flying from Dublin to Paris on the Aer Lingus flight and on arriving there she was effectively abandoned in the baggage hall. After retrieving her baggage she had to wait for an hour in the arrivals area until she was met and that as a result she was traumatised and continues so to be and is anxious in airports. In replies to particulars it would appear that the first time she consulted her GP was in August 2008.

THE WARSAW CONVENTION:

8 Article 1- "This Convention applies to all international carriage of persons, baggage or cargo by aircraft for reward".

9 Article 17 provides that a carrier is liable for damage in the event of death or wounding of a passenger or any other bodily injury, if the accident which caused the damage so sustained took place on board the aircraft or in the course of any of the operations of embarking or disembarking.

10 Article 24(1) provides that in the carriage of persons and baggage any action for damages, however...