ABSTRACT

Claims decisions concern a good deal more than whether the claim is going to be paid or not. This is not dealt with here, mainly because it is understood that some, if not most, hauliers regularly moving cargo from airlines will have agreed to increase their limitation to match Warsaw, like the RHA carriers in the last paragraph. No such recourse is provided within the air carriage legislation, but that does not rule out the possibility. A word of warning about interest, however, which will be repeated below in the section on limitation of liability: if the respondent is permitted to limit the amount of settlement to your quantum or below, interest cannot be added to the settlement. It seems to have proved successful in this, and, accordingly, it looks as if no revision of the basic liability need be considered for the foreseeable future.