19th Jan 2023
New High Court judgment on the interpretation of “accident” within article 17(1) of the Montreal Convention.
In Arthern v Ryanair DAC  EWHC 46 (KB), Farbey J dismissed the Claimant’s appeal of the dismissal of his claim at first instance.
The judgment contains a helpful review of relevant case law, including recent judgments from the CJEU and the US Court of Appeals.
The judgment also provides welcome clarity on the test for what is an “unusual” or “unexpected” event; confirming that this is to be objectively judged from the standpoint of an ordinary, reasonable passenger with experience of commercial air travel and with reasonable knowledge of established or common airline practice.
Christopher Loxton appeared for Ryanair.