Aviation Anthology Vol 1 2026 - Digital Version - Flipbook - Page 12
O Clarity from carriers in cargo services. Ensure that
there is absolute clarity with the shipper when cargo
is accepted, with disclaimers about cargo sensitivities
and what is guaranteed within a particular cargo
service. This may not prevent liability from being
established if there is an “event” under Article 18(1)
but may entitle the carrier to rely on the defences
under Article 18(2) if, for example, the damage arises
from something typical of the particular service
booked by the shipper.
[1] [2025] EWHC 1706 (Comm); [2025] WLR(D) 380.
[2] Article 17 concerns carrier liability for the bodily injury or death
of passengers, and an “accident” requires there to be an unusual or
unexpected event or happening that is external to the passenger.
[3] The Warsaw Convention 1929 preceded the Montreal Convention
1999.
[4] The Albacora [1996] 2 Lloyd’s Rep 53.
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DAC Beachcroft
Aviation Anthology 2026 - Volume I
