The Carriage by Air (Overseas Territories) Order 1967

SECOND ANNEX TO SCHEDULE 1 PROVISIONS AS TO LIABILITY OF CARRIER IN THE EVENT OF THE DEATH OF A PASSENGER

1.—(1) The liability shall be enforceable for the benefit of such of the members of the passenger's family as sustained damage by reason of his death.

(2) For the purposes of this paragraph the following shall be taken to be the members of the passenger's family, that is to say, the passenger's wife or husband, parents, grandparents, children and grandchildren and any person who is, or is the issue of, a brother, sister, uncle or aunt of the passenger.

(3) In deducing any relationship for the purposes of this paragraph—

(a) an adopted person shall be treated as the child of the person or persons by whom he was adopted and not as the child of any other person; and, subject thereto,

(b) any relationship by affinity shall be treated as a relationship by consanguinity, any relationship of the half blood as a relationship of the whole blood, and the step-child of any person as his child; and

(c) an illegitimate person shall be treated as a legitimate child of his mother and reputed father.

2.  Subject to the provisions of this schedule, an action to enforce the liability may be brought by the personal representative of the passenger or by any person for whose benefit the liability is under the last preceding paragraph enforceable, but only one action shall be brought in respect of the death of any one passenger and every such action by whomsoever brought shall be for the benefit of all such persons so entitled as aforesaid as either are domiciled in the Overseas Territory, or, not being domiciled there, express a desire to take the benefit of this action.

3.  Subject to the provisions of this schedule, the amount recovered in any such action, after deducting any costs not recovered from the defendant, shall be divided between the persons entitled in such proportions as the court (or, where the action is tried with a jury, the jury) direct.