Lukacs v. United Airlines

In Carriage of Passengers by Sea on (Updated )

This was an application for leave to appeal a trial decision refusing general damages under Article 19 of the Montreal Convention for mental anguish and a missed opportunity resulting from a cancelled flight. The Court of Appeal denied leave on the basis that Article 19 of the Montreal Convention has been previously examined by appellate courts around the world and the law is clear that general damages for inconvenience or mental anguish are not compensable under the Montreal Convention.