RECENTI SVILUPPI SULLA RESPONSABILITÀ CIVILE DEGLI

Transcript:RECENTI SVILUPPI SULLA RESPONSABILITÀ CIVILE DEGLI:
RECENTI SVILUPPI SULLA RESPONSABILITÀ CIVILE DEGLI OPERATORI AEROPORTUALI ED AEREI ED ASPETTI ASSICURATIVI RECENT DEVELOPMENTS IN AVIATION LIABILITY AND INSURANCE ANIA SEMINAR MILANO 29 APRIL 2014 Nick Hughes, Partner T: +44 (0)20 7264 8555 Nick.hughes@hfw.com MAS B-777-200 9M-MRO 08.03.2014 Aircraft Hull claims – AVS103 issues for hull all risks and for hull war risks insurers Which insurers agree AVS103? Is AVS103 binding? Which losses can be paid by AVS103? Risks Values Underlying claims handling Final loss allocation Ancillary issues Asiana Airlines B777 HL7742 – San Francisco 06.07.13 Foreign Air Carrier Family Support Act 1997 – 49 U.S.C. 41313 Prohibition against unfair and deceptive practices – 49 U.S.C. 41712 D.O.T. Consent Order – 2014-02-20 - 25.02.2014 Family assistance plan requirements Reliable "toll free" telephone number and staff to take calls Notification to families of accident as soon as practicable Sufficient resources Civil Penalty of US$500,000 Air Accident Investigation Reports (Admissibility as evidence in civil proceedings) UK Air Accident Investigation Branch (Department of Transport) Chicago Convention 1944 Annex 13 Council Directive 94/56/EC of 1944 Civil Aviation (Investigation etc) Regulations 1996 EU Regulation 966/2010 Powers of Inspectors, conduct of investigations, their role and standing. Objective of investigation Published report (but evidence and records of investigation remain private, subject to application of a court) Air Accident Investigation Reports Use of report by parties in liability claims on burden of proof: Factors (expert) opinions Concerns of Inspectors Make their work more difficult to do Would inhibit co-operation of others in their work Need to give evidence in court HELD Reports not conclusive and party may challenge them. Party still bears a burden of proof Reports are of value, impartial, authoritative, prompt Facts – prima facie admissible Opinions – admissible as expert evidence; with judge to assess what weight should be given to the evidence Hoyle v Rogers (2014) EWCA 257 Air Carrier Liability – Montreal Convention 1999 Ratification update – MC99 now has 105 states party Cases: Accident Failure to direct Siddiq v Saudi Arabian Airlines (2013 M.D. FC) Crew behaviour Dogbe v Delta Airlines (2013 E.D.N.Y) Injection given by doctor Anne Ford v Malaysian Airline Systems Berhard (2013 EWCA (iv 1163)) Cramped seating Nguyen v Qantas Airlines Ltd (2013 QSC 286) Embarking and Disembarking Emotional injury/sex toy Bridgeman v United Continental Holdings (5th Cir 2013) Arrest at departure gate Kruger v Virgin Atlantic Airways (2013 E.D.N.Y) Delay – damages Individual v Deutsch Lufthansa AG