Journal Articles Listed latest first
Air Passengers’ Rights. It’s All Greek To Me
In this article the author examines a recent Greek case in which the decision seems to fly in the face of international decisions both on air carrier liability and on tour operator liability.
Airlines in the Dock - Guilty or Not Guilty?
Picture the scene – you are the Managing Director or Flight Operations Manager of a commercial airline when one day, the unthinkable happens and one of your aircraft is involved in a tragic accident resulting in multiple loss of life. What is the first thing that goes through your mind? Panic, shock, devastation? Probably all of those emotions and more. As a diligent manager or employee you cooperate fully with the investigating authorities providing them with all the information they could possibly need in an effort to find the cause for this terrible accident. In imagining this scene do you ever consider that you could be charged with manslaughter on several counts? Does the thought cross your mind that you could risk criminal prosecution in two separate countries? As far fetched as this may sound, it really is not. The truth is that several airlines have found themselves in this very situation. This article aims to examine the implications of criminalisation and what the industry can do to protect itself and its personnel.
Airport Policy: White Elephants and Flying Pigs
by Roger Bray
The author confesses to a sense of deja vu when it comes to London airport policy.
Airport X-ray scanners: Do the benefits outweigh the risks? Part One.
This is the first part of an article on the controversial introduction of full body scanners at US airports. The articles examine both the legal and scientific cases for and against these devices.
Airport X-Ray Scanners: Do the Benefits Outweigh the Risks? Part Two
This is the second part of an article on the controversial introduction of full body scanners at US airports. The articles examine both the legal and scientific cases for and against these devices. The first part can be found in the previous issue of the Travel Law Quarterly at [2011] TLQ 257
Alarms and Excursions
Tour operators have up to now enjoyed a relaxed attitude to their potential liabilities for excursions. This pleasant state of affairs has been rudely shattered by two recent high level authorities.
Applicable Law in Direct Claims Against Insurers: An Analysis of the Decision in Maher v Groupama
by Sarah Prager
This article discusses the decision in Maher v Groupama Grand Est in which the High Court had to decide the law governing the assessment of damages and the pre-judgment interest on those damages in a case brought directly against a road traffic insurer.
Are you ready for the UK Bribery Act
This article discusses the impact of the new Bribery Act on the travel industry.
ATOL Reform - Is It Enough?
On the 3rd February 2011, Aviation Minister Theresa Villiers made a statement to Parliament announcing the UK Government’s ‘in principle’ decision to reform the Air Travel Organiser’s Licensing (ATOL) scheme. The announcement, which had been expected for some time, largely followed the proposals originally highlighted in the Department for Transport’s 2009 Consultation on Proposals to Update the Regulatory Framework for Aviation. This article examines and comments upon those proposals.
Bam! Pow! Slam! California Court Criticises and Distinguishes Long-standing Precedent
Food poisoning is one of those unfortunate occurrences that frequently blight a holiday experience. The claimant’s position is often exacerbated by the difficulty of proving it was the defendant’s food that caused the illness – given the many other potential causes. This article examines a case where the court discussed the standard of proof that the claimant has to satisfy in order to succeed, and in so doing disapproved strongly of a previous case where the court set a standard that was much higher – significantly disadvantaging claimants in food poisoning cases
