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Litigation Letter

Deep vein thrombosis

Deep Vein Thrombosis & Air Travel Group Litigation HL SJ 13 January

In upholding the dismissal of the claim by the Court of Appeal (22/ LL p89), the House ruled that Warsaw Convention concepts were autonomous and not to be interpreted in accordance with national law. The use of the terms ‘accident’ and ‘occurrence’ imparted the idea that something had happened. For Convention purposes the ‘loss or hurt’ could not itself be the accident.

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