Carriage by Air Act 1961
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Change 1
5 Time for bringing proceedings.
(1) No action against a carrier’s servant or agent which arises out of damage to which any of the Carriage by Air Conventions appliesshall, if he was acting within the scope of his employment, be brought after more than two years, reckoned from the date of arrival at the destination or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped. (2) The provisions mentioned in subsection (4) not be read as applying to any proceedings for contribution between, persons liable for any damage to which any of the Carriage by Air Conventionsrelatesbut no action shall be brought by a tortfeasor to obtain a contribution from a carrier in respect of a tort to which the said Article 29 applies after the expiration of two years from the time when judgment is obtained against the person seeking to obtain the contribution. (3) Subsections (1) and (2) and the provisions mentioned in subsection (4) have effect as if references in those provisions to an action included references to arbitral proceedings; and the provisions of section 14 of the Arbitration Act 1996 apply to determine when such proceedings are commenced.. (4) The provisions are— (a) Article 29 of the Convention; (b) Article 29 of the Convention as amended; and (c) Article 35 of the Montreal Convention. (5) If the Montreal Convention applies, “carrier" in this section includes an actual carrier as defined by Article 39 of that Convention.
5 Time for bringing proceedings.
(1) No action against a carrier’s servant or agent which arises out of damage to which any of the Carriage by Air Conventions appliesshall, if he was acting within the scope of his employment, be brought after more than two years, reckoned from the date of arrival at the destination or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped. (2) The provisions mentioned in subsection (4) not be read as applying to any proceedings for contribution between, persons liable for any damage to which any of the Carriage by Air Conventionsrelatesbut no action shall be brought by a tortfeasor to obtain a contribution from a carrier in respect of a tort to which the said Article 29 applies after the expiration of two years from the time when judgment is obtained against the person seeking to obtain the contribution. (3) Subsections (1) and (2) and the provisions mentioned in subsection (4) have effect as if references in those provisions to an action included references to arbitral proceedings; and the provisions of section 14 of the Arbitration Act 1996 apply to determine when such proceedings are commenced.. (4) The provisions are— (a) Article 29 of the Convention; (b) Article 29 of the Convention as amended; and (c) Article 35 of the Montreal Convention. (5) If the Montreal Convention applies, “carrier" in this section includes an actual carrier as defined by Article 39 of that Convention.
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