NUGENT AND KILLICK v. MICHAEL GOSS AVIATION LTD. AND OTHERS

[2000] 2 Lloyd's Rep. 222

COURT OF APPEAL

Before Lord Justice Auld, Lord Justice Pill and Mr. Justice Dyson

Carriage by air - Limitation of liability - Warsaw Convention - Article 25 - Construction - Meaning of words “with knowledge that damage would probably result” - Claim for damages under Fatal Accidents Act, 1976 - Passenger and pilot killed in helicopter crash - Allegation that carrier/pilot acted recklessly and with knowledge that damage would probably result” - Whether actual knowledge could include background knowledge or appreciation at material time of probable damage - Whether carrier entitled to limit liability.