Stanley v Aer Lingus Teo

• Jurisdiction: Ireland
• Court: High Court
• Judgment Date: 01 January 1980
• Date: 01 January 1980

(H.C.)

Stanley

and

Aer Lingus Teo

Late application to amend statement of claim - Incorrect section pleaded - Opposition by defendants - Expiry of limitation period - Air Transport Navigation Act, 1936 (No. 40), s. 21.

The plaintiff, while a passenger on a Boeing 707 aeroplane on the 15th October, 1969, was injured while the aircraft was in flight and claimed damages from the defendant company for injuries. The plenary summons and the statement of claim were delivered on the 16th June, 1971, in which the plaintiff claimed damages pursuant to the Air Navigation and Transport Act, 1936, s. 21. A defence was filed on the 6th October, 1971, in which inter alia it was stated that the statement of claim disclosed no cause of action on the grounds that s. 21 of the Air Navigation and Transport Act had no application to the plaintiff. A reply was delivered on the 18th February, 1972. The defendants were told, by letter, of the errors in the statement of claim and asked...