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Liability Risk and Insurance

Time-barred damages claim

Any claim in respect of injuries sustained by the claimant in a hot-air balloon landing in England was governed by Schedule 1 to the Carriage by Air Acts (Application of Provisions) Order 1967 (the Non-International Rules) which provided the exclusive cause of action and sole remedy available to him in respect of his injuries, subject to the two-year prescription period provided by art 29 of that Schedule. Where the period had expired, s651 of the Companies Act 1985 did not empower the court to direct that time should not count for the purposes of art 29, and, accordingly, a damages claim commenced after such expiry was time-barred.

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