Katherine Deal QC and Hannah Fry (instructed by Sinclair Gibson LLP) acted for the respondent airline, whose aircraft was stolen from the airport operated by the appellant.
Damages were awarded to the airline at first instance but the appellant appealed. The appeal (from the Court of Appeal in the Bahamas) centred on the role of the airport authority, concurrent findings of fact, the test for a duty of care associated with statutory obligations, as well as a duty to protect against criminal acts of third parties, and res ipsa loquitur.
The Privy Council found for the respondent airline on all points and dismissed the appeal.
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May 20, 2021