Carriage by Air Act 1961

[F1 8 Actions against parties to Conventions. U.K.

(1) Each party to a Carriage by Air Convention, for the purposes of any action brought in a court in the United Kingdom in accordance with a provision mentioned in subsection (5) to enforce a claim in respect of carriage undertaken by him, is deemed to have submitted to the jurisdiction of that court.

(2) Accordingly, rules of court may provide for the manner in which any such action is to be commenced and carried on.

(3) But nothing in this section shall authorise the issue of execution against the property of any party to a Carriage by Air Convention.

(4) Subsections (1) and (2) do not apply to a party to a Carriage by Air Convention who has availed himself, in relation to a provision mentioned in subsection (5), of—

(a) the Additional Protocol at the end of the Convention,

(b) the Additional Protocol at the end of the Convention as amended; or

(c) Article 57(a) of the Montreal Convention.

(5) The provisions are—

(a) Article 28 of the Convention;

(b) Article 28 of the Convention as amended;

(c) Articles 33 and 46 of the Montreal Convention.

(6) “Party" means—

(a) in relation to the Convention and the Convention as amended, a High Contracting Party; and

(b) in relation to the Montreal Convention, a State Party.]

Textual Amendments

F1 S. 8 substituted (coming into force in accordance with art. 1(2)) by S.I. 2002/263, art. 2(21) (with art. 1(3))

Modifications etc. (not altering text)

C1 S. 8 applied (with modifications) (6.8.2004) by The Carriage by Air Acts (Application of Provisions) Order 2004 (S.I. 2004/1899), arts. 1(2), 6(1)(4), Sch. 3 (with arts. 1(3), 3)

C2 S. 8 applied (with modifications) (6.8.2004) by The Carriage by Air Acts (Application of Provisions) Order 2004 (S.I. 2004/1899), arts. 1(2), 5(1)(4), Sch. 2 (with arts. 1(3), 3)