On 20 December 2002, the English High Court and the Victoria Supreme Court, Australia handed down seemingly contradictory decisions in deep vein thrombosis (DVT) claims against airlines.
THE DVT GROUP LITIGATION DECISION
In a first instance decision in the DVT group litigation, Mr Justice Nelson, sitting in the English High Court held that the atypical reaction of any particular passenger to a normal and unremarkable flight, without more, will not constitute an ‘accident’ under Article 17 of the Warsaw Convention. The decision represents a first instance victory for carriers within this jurisdiction on this now much debated legal issue.
The issues of law were considered against a factual matrix, agreed between the parties solely for the purpose of resolution at a generic level of those legal issues. Under the matrix it was assumed that the cabin layout was usual, the usual flight procedures were followed, the aircraft seating and systems were in normal working order, and the
