Carriage by airDamage to cargo occurring during unloading from lorry behind cargo shed - damage occurring during carriage by airRolls Royce Plc and another v Heavylift-Volga Dnepr Ltd and Another: QBD (Morison J):3 April 2000

An engine which was in the charge of the carrier's agent was damaged while it was being lifted from a lorry behind a cargo shed.

In an action by the cargo owners the defendants sought to limit their liability by reference to art.

18(1) of the Warsaw Convention.

The claimants contended that the damage had not taken place during the carriage by air, or alternatively that the damage occurred through the handling agent's wilful misconduct orrecklessness within art.

25(1).Jonathan Russen (instructed by Nabarro Nathanson) for the claimants; Robert Lawson (instructed by Beaumont and Son) for the defendants.Held, having regard to the character and desirability of the convention and that the cargo was in charge of the handling agent, who had taken charge of the engine when the agent's driver lifted it clear from the lorry, standing on the land owned by the air operating authority, the damage occurred during carriage by air; that in construing arts.18 and 25 the court kept the scheme and purpose of the convention in mind for finding of wilful misconduct and it was sufficient to say there was a clear distinction between what a person ought to know and what a person must have known; and on the evidence neither wilful misconduct nor recklessness within the meaning of arts.25 and 25A was proved against the defendants.