High Courts blocks DVT claims
A High Court ruling has blocked an attempt by DVT victims and their relatives to sue 27 airlines claiming that airlines failed to warn them of the risks of long-haul flights.
The judgment is a victory for the airlines, which faced a multi-million pound bill if the case went against them, and came just hours after the Australian courts decided DVT victims could sue airlines in a virtually identical case.
The airlines said they were protected under the Warsaw Convention from paying compensation for medical problems classed as a "passenger reaction to the normal operation of an aircraft". The Warsaw convention, which governs all international carriage of persons by aircraft for reward, only allows for recovery of compensation in respect of personal injury or death caused by an accident.
Mr Justice Nelson ruled that, under the terms of the Warsaw convention, DVT cannot be deemed an "accident" and therefore airlines cannot be held responsible for the condition.
Counsel for the claimants had asked for the case to be adjourned so that the ruling in an Australian case could be considered, but the Judge said: "I am satisfied that it is appropriate for the line to be drawn. The line should be drawn now." (UK Courts are not bound by decisions of foreign courts.) The Judge gave the claimants leave to appeal.
After the ruling, a BA spokesman said: "We are pleased that the High Court has recognised the fact that such legal action is unfounded under the terms of the Warsaw Convention. British Airways sympathises with all victims of DVT but since the World Health Organisation and the House of Lords agree that there is no evidence of a specific link between flying and DVT any future claims will continue to be resisted."
In the Australian ruling, 59-year-old Brian Povey, took both Qantas and BA to court after suffering an attack of DVT which he blamed on a three day return business trip from Sydney to London. Mr Povey said the illness was an "accident" as defined by the Warsaw convention, and he said airlines failed to do enough to warn passengers about the risks of DVT on long-haul flights. The Court rejected the airlines' argument and the full case, involving some 500 claimants, is expected to go ahead next year.
Tudor Owen