Aviation Briefs

F27 Crash Raises Questions as to Limit of Liability

Derek Luxford of Phillips reports that a recent decision of Mr Justice Leggatt at first instance in the English High Court has caused considerable consternation amongst airlines and their insurers in London. The case may have ramifications for Australian airlines and their insurers in some circumstances, although not necessarily the same circumstances as gave rise to the decision of Mr Justice Leggatt. The case in question is Holmes-v-Bangladesh Biman Corporation 1987 2 LLR 192.

The case arose out of the crash of the defendant’s Fokker F27 aircraft on an internal flight from Chittagong to Dacca, Bangladesh in August 1984 during the aircraft’s approach to Zia International Airport. The Plaintiff, who was a British citizen domiciled in the United Kingdom, was a passenger on the defendant’s plane and was killed in the crash. The proceedings were commenced by the passenger’s widow on behalf of the deceased’s estate and the deceased’s dependents.

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