DEAVILLE AND OTHERS v. AEROFLOT RUSSIAN INTERNATIONAL AIRLINES

[1997] 2 Lloyd's Rep. 67

QUEEN’S BENCH DIVISION

Before Mr. Geoffrey Brice, Q.C. Sitting as a Deputy Judge of the High Court

Carriage by air - Jurisdiction - Anti-suit injunction - Declaratory judgment - Application for stay of action - Aeroflot flight crashed killing passengers and crew - Dependants and relatives brought action in France and England - Whether English proceedings should be stayed - Whether defendants entitled to anti-suit injunction restraining plaintiffs pursuing the French proceedings - Principles of comity - Whether defendants entitled to declaratory judgment that claim governed by Warsaw Convention - Warsaw Convention, art. 28 - Civil Jurisdiction and Judgments Act, 1982, Schedule, arts. 21, 22, 57.