Carriage by Air Act 1961

4 Limitation of liability. U.K.

(1) It is hereby declared that the limitations on liability in Article 22 [F1 and Article 22A] in the First Schedule to this Act apply whatever the nature of the proceedings by which liability may be enforced and that, in particular—

[F2 (a) those limitations apply where proceedings are brought by a tortfeasor to obtain a contribution from another tortfeasor, and]

(b) the limitation for each passenger in [F3 paragraph (1)][F3 paragraph (1)(a)] of the said Article 22 applies to the aggregate liability of the carrier in all proceedings which may be brought against him under the law of any part of the United Kingdom, together with any proceedings brought against him outside the United Kingdom.

(2) A court before which proceedings are brought to enforce a liability which is limited by the said Article 22 [F4 or Article 22A] may at any stage of the proceedings make any such order as appears to the court to be just and equitable in view of the provisions of the said Article 22, and of any other proceedings which have been, or are likely to be, commenced in the United Kingdom or elsewhere to enforce the liability in whole or in part.

(3) Without prejudice to the last foregoing subsection, a court before which proceedings are brought to enforce a liability which is limited by the said Article 22 [F4 or Article 22A]shall, where the liability is, or may be, partly enforceable in other proceedings in the United Kingdom or elsewhere, have jurisdiction to award an amount less than the court would have awarded if the limitation applied solely to the proceedings before the court, or to make any part of its award conditional on the result of any other proceedings.

[F5 (4) The Minister of Aviation may from time to time by order made by statutory instrument specify the respective amounts which for the purposes of the said Article 22, and in particular of paragraph (5) of that Article, are to be taken as equivalent to the sums expressed in francs which are mentioned in that Article.]

(5) References in this section to the said Article 22 [F6 and Article 22A]include, subject to any necessary modifications, references to that Article as applied by Article 25A.

Textual Amendments

F1 Words inserted (prosp.) with saving by Carriage by Air and Road Act 1979 (c. 28, SIF 9), ss. 1(2)(3), 7(2), Sch. 2 para. 4(a)

F2 S. 4(1)(a) repealed (E. W. N. I. ) by Civil Liability (Contribution) Act 1978 (c. 47, SIF 122:3), s. 9, Sch. 1 para. 5(1), Sch. 2 (subject to savings in s. 5 in relation to Her Majesty and the Duchy of Cornwall and in s. 7 in relation to debts due or damage occurring before the commencement of the Act)

F3 Words “paragraph 1(a)"substituted (prosp.) with saving for “paragraph 1" by Carriage by Air and Road Act 1979 (c. 28, SIF 9), ss. 1(2)(3), 7(2), Sch. 2 para. 4(b)

F4 Words inserted (prosp.) with saving by Carriage by Air and Road Act 1979 (c.28, SIF 9), ss. 1(2)(3), 7(2), Sch. 2 para. 4(a)

F5 S. 4(4) repealed (prosp.) with saving by Carriage by Air and Road Act 1979 (c. 28, SIF 9), ss. 1(2)(3), 6(4)(a), 7(2), Sch. 2 para. 4(c)

F6 Words inserted (prosp.) with saving by Carriage by Air and Road Act 1979 (c. 28, SIF 9), ss. 1(2)(3), 7(2), Sch. 2 para. 4(a)

Modifications etc. (not altering text)

C1 S. 4(2)(3) amended by Carriage by Air (Supplementary Provisions) Act 1962 (c. 43), s. 3(1)

C2 Functions of Minister of Aviation under this Act now exercisable by Secretary of State concurrently with Board of Trade: S.I. 1966/741 and 1970/1537