FIXED COSTS DO NOT APPLY TO MONTREAL CONVENTION CLAIMS: DECISION FROM LIVERPOOL
I am grateful to Katie Wheeler from Compass Costs for sending me a copy of the judgment of District Judge Baldwin (Regional Costs Judge) in McKendry -v- British Airways PLC (hearing 16th May 2018 – judgment received today, available here McKendry). This is another decision that finds that an action brought under the Montreal Convention is not subject to the Portal and fixed costs regime. This judgment comes to an identical conclusion to the decision the Mead -v- British Airways Plc case reported earlier this week.
The claimant was injured whilst on an airplane in London. She received a heavy blow to the head as a result of a suitcase falling from an overhead locker above her seat. The claim settled for £5,500. The preliminary issue for the judge to decide was whether the action was subject to the Pre-Action Protocol for Low Value Claims.
THE JUDGE’S FINDINGS
The judge rejected the defendant’s arguments. It was held that the Protocol did not apply to actions subject to the Convention.