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by Munro Research

Warsaw Convention (Carrier Liability) Bill


Official Summary

A Bill to require the Secretary of State to propose amendments to Article 17 of the Warsaw Convention for the purpose of extending carrier liability to cases of detriment to health or psychological well-being; and for connected purposes.

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Overview

This bill mandates the UK Secretary of State to propose amendments to the Warsaw and Montreal Conventions, expanding airline liability to include cases of mental health and psychological distress resulting from air travel, in addition to physical injury.

Description

The Warsaw Convention (Carrier Liability) Bill compels the Secretary of State to suggest amendments to the Warsaw and Montreal Conventions. These amendments aim to extend airline liability beyond physical injury to encompass instances of harm to mental and psychological well-being. The proposed amendments would modify Article 17 of both Conventions. Specifically, the amendments would add "or detriment to health or psychological well-being" after mentions of bodily injury in the relevant sections. The Secretary of State is required to propose these changes by April 1st, 2011.

Conventions Affected:

The bill targets both the Warsaw Convention (as amended in 1951 and 1975) and the Montreal Convention (1999), which govern international air travel liability.

Government Spending

The bill doesn't directly specify government spending. The cost will likely relate to the time and resources required by the Secretary of State and UK representatives to propose and negotiate these amendments internationally. No figures are provided in the bill text.

Groups Affected

  • Airlines: The bill could significantly increase airlines' financial liability, potentially leading to higher insurance costs and potentially higher airfares.
  • Air Passengers: Passengers suffering psychological or mental health problems as a result of air travel incidents may have access to compensation previously unavailable.
  • International Organizations: The parties to the Warsaw and Montreal Conventions will be involved in the amendment process.
  • Legal Professionals: Increased litigation related to mental health claims could arise.
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