Judgment: 2016-12-15 · Court archive

Court of Appeal dismisses Dublin Airport Authority appeal in negligence claim

Mr Justice Gerard Hogan agreed with the President of the Court of Appeal that the appeal should be dismissed. He reserved a separate question about the Montreal Convention and an EU regulation for a case where it must be decided.

Court of Appeal · [2016] IECA 384

Who, what, where, when and why

Who
  • Teresa Bell (Plaintiff)
  • Dublin Airport Authority plc (Defendant)
  • Gerard Hogan (Judge)
  • Ryan P.
What

Mr Justice Gerard Hogan agreed with the President of the Court of Appeal that the appeal should be dismissed. He reserved a separate question about the Montreal Convention and an EU regulation for a case where it must be decided.

Where

Places mentioned in the report

  • Dublin Airport Authority plc
When

Judgment:

Why

Read the report below for the decision and any reasons given.

The Court of Appeal dismissed Dublin Airport Authority plc’s appeal in a negligence claim brought by Teresa Bell, after Mr Justice Gerard Hogan agreed with the conclusions in a judgment delivered by the court’s President, Ryan P.

In a judgment dated 15 December 2016, Hogan said he agreed with Ryan’s conclusions on the negligence claim and that the appeal should therefore stand dismissed. He also agreed with the President’s judgment and proposed order.

Hogan did not decide a separate question concerning the relationship between the Montreal Convention and Article 4 of Regulation 2027/97 (EC). He said it was not strictly necessary to address the issue in this appeal and preferred to reserve it for a case in which deciding the point proved necessary.

The source is Hogan’s short concurring judgment. It does not set out the underlying facts, the President’s reasoning, or the terms of the proposed order beyond dismissal of the appeal.

Read the original court judgment

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