GURTNER AND OTHERS v. BEATON AND OTHERS

[1993] 2 Lloyd's Rep. 369

COURT OF APPEAL

Before Lord Justice Neill Lord Justice Ralph Gibson and Lord Justice Stocker

Carriage by air - Limitation of liability - Principal and agent - Flight from Gatwick to Dundee - Aircraft crashed into hillside - Whether second defendants liable as principals for contract of carriage made through first defendant - Whether pilot and second defendants could rely on Amended Warsaw Convention to limit liability - Whether air traffic controller negligent - Warsaw Convention art. 25A(3). Principal and agent - Carriage by air - Flight from Gatwick to Dundee - Aircraft crashed into hillside - Whether second defendants liable as principals for contract of carriage made through first defendants - Whether first defendant had implied actual authority or apparent authority to enter into contract.