Let me run this one by you.
Just suppose you are a police observer in a helicopter unit in the formative days of police air support.
You are quite rightly concerned as to how you will stand in terms of insurance cover in the unlikely event that an accident occurs and you are disabled.
Mindful that an accident has already occurred in Scotland, and that the various bodies involved are arguing as to whether the observer is crew (enjoying unlimited cover) or a passenger (subject to the Warsaw Convention, limiting liability), your unit, and your union (Police Federation) ask advice.
Best advice, from specialist lawyers is that as the aircraft will be owned and operated (under a Police Air Operator’s Certificate) by the Police, then the Warsaw Convention cannot apply, as no element of ‘hire or reward’ can be said to exist.
Unfortunately this is not supposition. The East Midlands Air Support Unit’s AS355N did crash
almost three years ago, killing one policeman and disabling for life another.
And guess what. Those same specialist lawyers, now acting for an insurance company facing a large payout have conveniently forgotten their words of 7 years ago and about faced.
Reason. Warsaw Convention applies – payout £80000. Warsaw Convention does not apply – payout £lots more.
What does the team think. You out there Flying Lawyer?
