On 5th September 2003, Cameroon and the United States ratified the Montreal Convention 1999. As the Convention has now achieved 30 ratifications, it will enter into force between all signatories on 4th November 2003, being the sixtieth day following the date of the thirtieth ratification.
The entry into force of the Convention represents a substantive change to the aviation liability regime worldwide. The Montreal Convention derives from the original 1929 Warsaw Convention, which represented the first international instrument to codify principles of liability for international carriage by air. The Convention's provisions will be carried into force throughout the EU by virtue of Regulation 889/2002, which shall apply from 4th November. In the UK, the Carriage by Air Acts (Implementation of the Montreal Convention 1999) Order 2002 will bring the Convention's terms into effect for all airlines engaged in international carriage by air between the UK and other states party to the Conventon from 4th November. It will also apply to non-international carriage by air within the UK.
The main provisions of the Convention see the removal of arbitrary limits of liability in respect of passenger injury or death, with strict liability on carriers applying up to 100,000 Special Drawing Rights (of proven damage for passenger injury or death) and a presumption of liability (rebuttable upon proof the carrier is not at fault) in excess of that level. Jurisdiction for such claims is extended to allow the possibility of proceedings in the passenger's state of "principal and permanent residence". As the United States noted on ratifying the Convention, this means "American survivors of international aircraft accidents and the families of American accident victims will have access to US courts in seeking damages for the losses they suffered".
The Convention and the various enabling legislation worldwide is complex and far-reaching. Should you require further advice on how the Convention could affect you, please contact Alex Stovold at alex.stovold@cms-cmck.com or on +44 (0) 20 7367 3463.
