Carriage by Air Act 1961
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Change 1
4 Limitation of liability.
(1) It is hereby declared that the limitations on liability in the applicable provisions mentioned in subsection (1A) apply whatever the nature of the proceedings by which liability may be enforced. (1A) The provisions are— (a) Article 22 of the Convention; (b) Article 22 of the Convention as amended; and (c) Articles 21 and 22 of the Montreal Convention. (1B) The limitation for each passenger in— (a) paragraph (1) of Article 22 of the Convention or of the Convention as amended, and (b) Article 21 and paragraph (1) of Article 22 of the Montreal Convention, applies to the aggregate liability of the carrier in all proceedings which may be brought against him under the law of any part of the United Kingdom, together with any proceedings brought against him outside the United Kingdom. (2) A court before which proceedings are brought to enforce a liability which is limited by a provision mentioned in subsection (3A) or Article 22A may at any stage of the proceedings make any such order as appears to the court to be just and equitable in view of that provision, and of any other proceedings which have been, or are likely to be, commenced in the United Kingdom or elsewhere to enforce the liability in whole or in part. (3) Without prejudice to the last foregoing subsection, a court before which proceedings are brought to enforce a liability which is limited by a provision mentioned in subsection (3A)or Article 22Ashall, where the liability is, or may be, partly enforceable in other proceedings in the United Kingdom or elsewhere, have jurisdiction to award an amount less than the court would have awarded if the limitation applied solely to the proceedings before the court, or to make any part of its award conditional on the result of any other proceedings. (3A) The provisions are— (a) Article 22 of the Convention; (b) Article 22 of the Convention as amended; and (c) Articles 21, 22 and 44 of the Montreal Convention. (4) The Minister of Aviation may from time to time by order made by statutory instrument specify the respective amounts which for the purposes of the said Article 22, and in particular of paragraph (5) of that Article, are to be taken as equivalent to the sums expressed in francs which are mentioned in that Article. (5) References in this section to the said Article 22 of the Convention or of the Convention as amendedand Article 22Ainclude, subject to any necessary modifications, references to that Article as applied by Article 25A of the Convention.
4 Limitation of liability.
(1) It is hereby declared that the limitations on liability in the applicable provisions mentioned in subsection (1A) apply whatever the nature of the proceedings by which liability may be enforced. (1A) The provisions are— (a) Article 22 of the Convention; (b) Article 22 of the Convention as amended; and (c) Articles 21 and 22 of the Montreal Convention. (1B) The limitation for each passenger in— (a) paragraph (1) of Article 22 of the Convention or of the Convention as amended, and (b) Article 21 and paragraph (1) of Article 22 of the Montreal Convention, applies to the aggregate liability of the carrier in all proceedings which may be brought against him under the law of any part of the United Kingdom, together with any proceedings brought against him outside the United Kingdom. (2) A court before which proceedings are brought to enforce a liability which is limited by a provision mentioned in subsection (3A) or Article 22A may at any stage of the proceedings make any such order as appears to the court to be just and equitable in view of that provision, and of any other proceedings which have been, or are likely to be, commenced in the United Kingdom or elsewhere to enforce the liability in whole or in part. (3) Without prejudice to the last foregoing subsection, a court before which proceedings are brought to enforce a liability which is limited by a provision mentioned in subsection (3A)or Article 22Ashall, where the liability is, or may be, partly enforceable in other proceedings in the United Kingdom or elsewhere, have jurisdiction to award an amount less than the court would have awarded if the limitation applied solely to the proceedings before the court, or to make any part of its award conditional on the result of any other proceedings. (3A) The provisions are— (a) Article 22 of the Convention; (b) Article 22 of the Convention as amended; and (c) Articles 21, 22 and 44 of the Montreal Convention. (4) The Minister of Aviation may from time to time by order made by statutory instrument specify the respective amounts which for the purposes of the said Article 22, and in particular of paragraph (5) of that Article, are to be taken as equivalent to the sums expressed in francs which are mentioned in that Article. (5) References in this section to the said Article 22 of the Convention or of the Convention as amendedand Article 22Ainclude, subject to any necessary modifications, references to that Article as applied by Article 25A of the Convention.
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