Q&As

If a crew member is injured while flying, what jurisdiction should the claim be brought in?

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Produced in partnership with Georgia Whiting of Ardmore Group Limited
Published on: 09 September 2016
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It has not been indicated in the above facts the jurisdiction in which the Personal injury was suffered. Matters will be relatively straightforward if the employee suffered an injury during a domestic UK flight, as any claim for personal injury arising in respect of the same can be brought against the airline under English law.

Further, if the employee was outside of United Kingdom air space at the time of suffering the personal injury, a claim may be brought against the employer providing that the employee was employed by a company based in the UK at the time, or if the employer had a Registered office or place of business located in the UK.

In both of these scenarios, a claim for personal injury against the employer will be no different to any other form of claim for an accident at work.

Montreal Convention

The difficulty arises if the individual was not employed by a UK company and the accident

Georgia Whiting
Georgia Whiting

In-House Legal Counsel, Ardmore Group Limited

Georgia is employed as Legal Counsel at the Ardmore Group, a large family owned and operated construction contractor. Her role is varied and includes both contentious and non-contentious matters. 

Prior to this, she was a self-employed barrister at 4 King’s Bench Walk, where she remains as a Door Tenant. Her work included advising and acting in relation to issues arising out of construction, property development and refurbishment. 

Her common law background also enables her to advise in respect of linked areas relating to property and construction and associated litigation, such as employment, insolvency and negligence. Her time at a City Law Firm prior to obtaining Pupillage also equipped her with an understanding of commercial realities from multiple perspectives.

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Personal injury definition
What does Personal injury mean?

An injury to the body or mind as opposed to property.

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