Supreme Court · 31 December 2007

Lulseged v British Airways Limited (99 of 2006) [2007] ZMSC 8 (31 December 2007)

Carrier’s unexplained failure to account for located baggage can defeat Warsaw Convention liability limits against the respondent. Flynote Carriage by air — Warsaw Convention & Hague Protocol domesticated — Article 22 limitation vs Article 25 wilful misconduct/recklessness — Article 20 evidential burden on carrier — adverse inference from unexplained disappearance of located baggage — carrier liable beyond limits if employee theft or complicity proven Read full summary

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