Latest news with #CourtOfAppeal
Yahoo
a day ago
- Business
- Yahoo
Do airlines owe you compensation for turbulence-induced damages? Here's what we found out
This month, two passengers who claimed there should be no upper limit on the amount of compensation Air Canada owes to injured passengers lost their case in an Australian court. The case stems from a July 2019 Air Canada flight from Vancouver to Sydney, Australia. The Canadian Press reported at the time that the flight hit severe turbulence and was forced to divert to Hawaii. Thirty people were sent to hospital, nine in serious condition, some suffering lacerations and injuries to their head, back and neck, emergency first responders in Hawaii said. Mother and daughter Renae and Stephanie Evans claimed they suffered spinal and psychological injuries during the flight. They also claimed that Air Canada, in its general rules, waived an upper limit set by an international treaty called the Montreal Convention. The New South Wales Supreme Court initially ruled in favour of the passengers, a decision which was overturned by that state's Court of Appeal. The High Court then unanimously dismissed the passengers' case. The Montreal Convention (or more formally the Convention for the Unification of Certain Rules for International Carriage by Air) is an international treaty that was drawn up in 1999 and came into force in 2003. It sets limits for airline liabilities for everything from lost luggage to loss of life. In the case of the latter, it said airlines were liable for up to 100,000 SDR for the bodily injury or death of a passenger. SDR or 'special drawing rights' is an economic unit that can be translated into any local currency; 100,000 SDR is worth about $192,000 Canadian. The amount is examined and may be revised every five years. As of 2024 it stands at 151,880 SDR, equivalent to $277,940 Canadian. The plaintiffs had argued that Air Canada's terms and conditions included the phrase: 'There are no financial limits in respect of death or bodily injury of passengers,' suggesting that the airline was opting out of the limit set by the Montreal Convention. However, Lawson Hennick, founding lawyer at Hennick Law in Markham, Ont., told National Post that on closer reading of the airline's regulations and the lawsuit, the high court's decision makes sense. 'Article 25 of the Montreal Convention expressly permits carriers to agree to higher or unlimited liability,' he said. 'The court acknowledged this, noting that a carrier can raise or even eliminate the threshold at which the no-negligence defence applies.' However, 'the court rejected this position, finding that Air Canada had not clearly waived its right to rely on the no-negligence defence.' Specifically, language in the Montreal Convention note that its liability rules 'supersede and prevail over any provisions of this tariff which may be inconsistent.' Meanwhile, Air Canada's own international tariff rules note that, 'except as otherwise provided herein,' the airline 'reserves all defences available.' Said Hennick: 'In the result, the passengers were unsuccessful in establishing that the carrier had waived the Article 21(2) defence for claims exceeding the maximum liability set out in the Montreal Convention.' Hennick noted that the Montreal Convention, aside from its cap on liabilities, is very open-ended when it comes to injury or loss of life while flying. 'The Montreal Convention says the carrier is liable for damages sustained in the case of death or bodily injury of a passenger upon condition only that the accident which caused the death or injury took place on board the aircraft or in the course of any of the operations of embarking or disembarking,' he said. 'So if you're injured by turbulence, that's considered onboard the aircraft, right? So I would say that would be something that could be compensable.' He added that passengers can sue beyond the limit, 'but if you want to claim it under the Montreal Convention, the benefit of that is all you have to do is prove your injuries.' 'As soon as you start claiming amounts above and beyond that, then they can start putting in defences for negligence. They can start alleging, well, the injury wasn't caused by us, it was caused by a third party, or could have been a result of pre-existing issues, or something other than that. But if you're going to be pursuing the limits under the Montreal Convention, it's a strict liability regime. You just have to show that you're injured on board the aircraft, prove the value of your injuries, and then they'll have to pay it.' One downside, he noted, is that the convention only mentions physical injuries. 'So if it's a purely psychological claim or psychiatric trauma, and you're not physically hurt … you may not be able to recover anything out of the Montreal Convention.' No more instant noodles in economy, says Korean Air Video shows passenger being pulled from overhead bin after turbulent Air Europa flight Our website is the place for the latest breaking news, exclusive scoops, longreads and provocative commentary. Please bookmark and sign up for our daily newsletter, Posted, here.
CBC
5 days ago
- General
- CBC
Top court restores charges against man illegally strip searched by Halifax police
Nova Scotia's highest court has restored charges against a man who was the subject of an illegal search by Halifax Regional Police. Dante Warnell Cromwell was facing about 20 charges — including assault, drug trafficking and various firearms offences — stemming from what a judge described as a case of "extreme road rage" in April 2023. Cromwell was accused of brandishing a firearm at another motorist, who promptly called 911. During the course of his arrest, a police officer became suspicious that Cromwell might be concealing something. He was strip searched at police headquarters, which led to the discovery of small packets of cocaine on his person. But Judge Alonzo Wright of the Nova Scotia provincial court found that strip search illegal and a violation of Cromwell's Charter rights. The judge said staying all the charges against Cromwell was the only way to properly reflect the seriousness of that violation. In a ruling Tuesday, the Nova Scotia Court of Appeal said Wright went too far. The three-member appeal panel said the threats and weapons charges that Cromwell faced were not tainted by the illegal search, which only pertained to the cocaine. Judge 'over-emphasized the injury' to Cromwell: panel The Appeal Court said the judge could have taken a more nuanced approach. "The judge's reasons demonstrate a focus on Mr. Cromwell to the exclusion of a rounded examination of all the factors in play, including society's interest in the prosecution of drug offences," Justice Carole Beaton wrote on behalf of the panel. "The judge did not properly weigh the societal factors, nor meaningfully consider society's interest in the prosecution of offences of violence, particularly those involving allegations of gun violence. "Rather, he over-emphasized the injury to Mr. Cromwell, although these reasons should not be read as minimizing either the ill-advised police decision to conduct the inappropriate search or the resultant affront to Mr. Cromwell." The Appeal Court has ordered a new trial for Cromwell on the gun and assault charges, to be conducted by a different provincial court judge.
BBC News
5 days ago
- General
- BBC News
Child abuser Jamil Talukder's 'unduly lenient' sentence increased
A man who sexually abused a disabled child in his care has had his sentence more than Sheffield Crown Court in February, Jamil Talukder, 23, was jailed for three years for six sexual abuse of Appeal judges found the term was "unduly lenient" and increased it to eight General Lucy Rigby KC said Talukder, from Sheffield, had "preyed on a vulnerable child he was meant to be taking care of, as well as another young child". The court heard Talukder had arrived in the UK from Bangladesh in October 2022 to study for a marketing was employed as a carer and began caring for a severely disabled child in October 2023. 'Abused trust' However, covert recording by the child's mother, who became suspicious, revealed that Talukder sexually abused the child on several court also heard that Talukder sexually abused another child and was caught out when it was discovered he had recorded the abuse on his said Talukder had "abused the trust that was placed in him for his own sexual gratification".She added: "I welcome the court's increase to his sentence."I would like to extend my sympathies to his victims and their families." Listen to highlights from South Yorkshire on BBC Sounds, catch up with the latest episode of Look North
Scoop
6 days ago
- Scoop
Nelson Courthouse To Reopen To Public After Seismic Upgrade
Ministry of Justice - Latest News [Page 1] 'The health and safety of all users of the courthouse remains a priority. Engineers confirm the building can be reoccupied while further seismic assessment is undertaken,' Mr Loo says. More >> Chief Victims Advisor To Government: Support Available For Victims During Lockdown Friday, 20 August 2021, 6:48 pm | Ministry of Justice New Zealand's Chief Victims Advisor to Government, Dr Kim McGregor, wants victims and survivors of family violence and sexual violence to know that the Police and social services are there to help them even through this period of lockdown. 'My ... More >> Tackling Sexual Violence: National Strategy Design, Execution Will Be Key Thursday, 8 July 2021, 11:50 am | Ministry of Justice Leading family violence and sexual violence sector leaders say the work underway to develop a National Strategy and Action Plans must be well designed and executed because there is an unlikely to be a better chance to get it right. 'This national ... More >> Scott Watson's Convictions To Be Referred To Court Of Appeal Friday, 26 June 2020, 4:35 pm | Ministry of Justice The Governor-General has referred Scott Watson's convictions for murder back to the Court of Appeal, Justice Minister Andrew Little announced today. Mr Watson was convicted in 1999 of the murders of Ben Smart and Olivia Hope. His appeal to the ... More >> Revised Practice Notes And Protocols To Be Published For COVID-19 Alert Level 2 Friday, 8 May 2020, 5:07 pm | Ministry of Justice In the event the Government announces an immediate or phased step-down to Alert Level 2 on Monday, the Courts will publish revised practice notes and protocols explaining what effect, if any, this will have on the way each jurisdiction will operate. These ... More >> Statement From The Chief District Court Judge Friday, 24 April 2020, 2:17 pm | Ministry of Justice All divisions of the District Court, including Family Court and Youth Court, are preparing to resume as much work as possible when New Zealand's pandemic response moves to COVID-19 Alert Level 3. More >> Operation Of The Courts Under COVID-19 Alert Level 3 Thursday, 23 April 2020, 4:52 pm | Ministry of Justice The Prime Minister has now announced the country will move to alert level 3[1] from Tuesday 28 April. In light of this, the Chief Justice Helen Winkelmann has announced the following changes to the way New Zealand's courts will be operating: The courts ... More >> Public Access To Courts Tightened For Safety Reasons Thursday, 26 March 2020, 10:31 pm | Ministry of Justice To preserve public safety and give effect to the COVID-19 Alert Level 4, District Courts and the High Court are excluding from courthouses members of the public whose attendance is not required for the business of the court that day. This takes effect ... More >> Family Justice Reforms Monday, 5 November 2018, 11:38 am | Ministry of Justice There are just five days left to make submissions on the Family Justice Services Review says Panel Chair, Rosslyn Noonan. More >> Criminal Justice Advisory Group to visit Northland Thursday, 1 November 2018, 5:23 pm | Ministry of Justice The Government's Safe and Effective Justice Programme Advisory Group – Te Uepū Hāpai i te Ora – will visit Northland on November 5 and 6 as part of its nationwide consultation to gather information on the criminal justice system. This is the fourth ... More >> Criminal Justice Advisory Group to visit Bay of Plenty Thursday, 1 November 2018, 4:44 pm | Ministry of Justice The Government's Safe and Effective Justice Advisory Group – Te Uepū Hāpai i te Ora – will visit the Bay of Plenty on November 5 and 6 as part of its nationwide consultation to gather information on the criminal justice system. More >> Major crime survey reaches milestone Thursday, 25 October 2018, 1:39 pm | Ministry of Justice The Ministry of Justice's new crime survey – The New Zealand Crime and Victims Survey' (NZCVS) – which started in March, has reached its target this month of interviewing 8,000 New Zealanders over the age of 15 about their experience of crime. More >> Criminal Justice Advisory Group to visit South Auckland Friday, 12 October 2018, 12:17 pm | Ministry of Justice The Government's Safe and Effective Justice Programme Advisory Group – Te Uepū Hāpai i te Ora – will visit South Auckland on October 15 and 16 as part of its nationwide consultation to gather information on the criminal justice system. More >> Waitangi Tribunal finds serious Treaty breaches Monday, 10 September 2018, 3:42 pm | Ministry of Justice The Crown's significant breaches of the Treaty of Waitangi caused serious damage to the mana and autonomy of the iwi and hapū of Te Rohe Pōtae (the King Country), the Waitangi Tribunal has found. More >> Submissions on 2014 Family Justice Reforms Now Open Wednesday, 5 September 2018, 8:55 am | Ministry of Justice The Independent Panel considering the 2014 family justice reforms wants to hear from people who have used the Family Court and related services. More >> Considering the Family Justice System Wednesday, 29 August 2018, 2:55 pm | Ministry of Justice The Independent Panel evaluating the 2014 reforms to the family justice system will be launching a public submissions process from 5 September 2018. More >> Extra support will improve Coronial Post-mortem Services Monday, 20 August 2018, 4:30 pm | Ministry of Justice The Ministry of Justice has agreed new contracts for post-mortem services across New Zealand. More >> District Court responds to high incidence of disabilities Thursday, 16 August 2018, 12:34 pm | Ministry of Justice The District Court is to consider adopting a different approach to young adult offenders to take account of the high incidence of neurodisabilities among those appearing in court. More >>
Telegraph
24-05-2025
- Politics
- Telegraph
Lucy Connolly appeal judge cut sentence of paedophile Labour peer
One of the judges who refused Lucy Connolly's appeal previously reduced the sentence of a former Labour peer convicted of child sex offences. Connolly, a childminder who is married to a Conservative councillor, received a 31-month prison sentence after pleading guilty to inciting racial hatred with a tweet posted in the wake of the Southport murders. This week, Lord Justice Holroyde, alongside Mr Justice Goss and Mr Justice Sheldon, rejected her bid to have her sentence reduced at the Court of Appeal. The court found that the judge in Connolly's case had followed the sentencing guidelines correctly, she was aware of what those guidelines were when she pleaded guilty, and her sentence had not been manifestly excessive. Previously, Lord Justice Holroyde presided over the appeal hearing of Lord Ahmed of Rotherham, a former Labour peer, after he was convicted of trying to rape a young girl and sexually assaulting a boy under nine in the 1970s. He was jailed for five years and six months at Sheffield Crown Court in February 2022. But in March 2023, his sentence was reduced to two years and six months by Lord Justice Holroyde, Lord Burnett, the then Lord Chief Justice, and Lord Justice William Davis after they concluded the sentencing judge had not followed the sentencing guidelines. The three concluded that the trial judge in Lord Ahmed's case 'fell into error' when passing sentence. They said the fact that Lord Ahmed was a child when he committed the offences had to be taken into account. During his original trial, the court heard he had attempted to rape a girl on two occasions when he was aged about 16 or 17 and she was much younger. The attack on the boy also happened during the same period. Both incidents took place in Rotherham. Lord Ahmed was found guilty of two counts of attempted rape against the girl and a serious sexual assault against the boy. He had originally been given two years for each of the attempted rapes, to run concurrently, with a further three years and six months for assaulting the boy. The judges said had he been sentenced shortly after the assault on the boy, he would have been 14 and a child with no previous convictions. They concluded a custodial sentence of six months was a 'suitable penalty'. They did not reduce the sentence imposed in relation to the attempted rapes. Connolly, 42, was jailed after she posted a message on social media platform X hours after Axel Rudakubana went on a knife rampage at a Taylor-Swift themed event in Southport, murdering three little girls. She posted: 'Mass deportation now, set fire to all the f---ing hotels full of the b------s for all I care, while you're at it, take the treacherous government politicians with them. I feel physically sick knowing what these [Southport] families will now have to endure. If that makes me racist, so be it.' Connolly, who lost her son Harry when he was 19 months old and cares for her sick husband, deleted the post less than four hours later – but not before it had been viewed 310,000 times. She later posted another message condemning the riots, writing: 'FS, I get they're angry. I'm f---ing raging, however, this is playing right into their hands. I do not want civil unrest on our streets. Tommy Robinson is not going to say but this is not going to get anyone anywhere. Protests yes but not riots.' She was arrested on Aug 6 following widespread riots across the country. The Court of Appeal judges refused to reduce her sentence this week, saying the tweet represented 'an incitement to serious violence'. They did not accept that the original 31-month sentence was 'manifestly excessive'. They also said they did not accept the argument that the offending tweet had been 'no more than an expression of emotion'. The ruling concluded: 'We of course have every sympathy with the applicant over the death of her son, and we can understand why she remains angry about the circumstances of his death. 'We can therefore accept that the shocking events in Southport had an impact on her which went beyond that felt by many others. But as the judge rightly said, she did not post a message of support and sympathy to the victims of the Southport attack and the bereaved.' Since the ruling there has been a widespread backlash against the decision, with Sir Richard Dearlove, a former MI6 chief, becoming the latest high-profile figure to voice concerns. Sir Richard said it was an 'extraordinary case' and he did not believe Connolly should still be in prison. Boris Johnson, the former prime minister, has said the jailing of Connolly showed Britain was becoming 'a police state' under Sir Keir Starmer. Sir Keir defended the sentence given to Connolly shortly after it emerged that her appeal had been rejected. He said that while he was 'strongly in favour' of free speech, he was 'equally against incitement to violence against other people'.
