Cargo Carried by Air

The carriage of goods by air is a global practice involving most countries all over the world. In order to try to standardise practice, international conventions have been introduced and developed over the years to cover claims involving loss and damage to goods by air. The main international convention covering the shipment of goods by air is the Warsaw Convention and the subsequent Montreal Protocol. These conventions are applied in a considerable number of countries throughout the world. However, there are also many countries that have not adopted such conventions and when claims involving air shipments would be covered by domestic legislation.

Under the Warsaw Convention and the Montreal Protocol, claims involving for shipments of cargo by air have the shortest and most onerous time limits. In this regard, notification of a loss has to be given to the air carrier within 14 days of delivery and, if this is not complied with, the claim against the carrier will invariably be lost. If timely notification is given to the air carrier, then a time limit of at least 1 year and commonly 2 years will then apply. Depending upon the circumstances surrounding a loss, the air carrier does have various defences upon which they can seek to rely. In addition, if the carrier does have any liability, they can rely upon limits of liability. If a claim lies solely under the Warsaw Convention, then it could be possible to overcome the limits of liability in certain circumstances. However, if the claim falls under the Montreal Protocol, then it will not be possible to overcome any limit of liability.

Stean Shaw LLP has extensive experience and expertise in the handling and recovery of claims around the world involving the loss and damage to goods during carriage by air. Our team have considerable knowledge of dealing with losses arising throughout the world under the Warsaw Convention and Montreal Protocol. We also have had extensive dealings in handling air claims in countries that apply their own domestic legislation. We have an extensive network of contacts throughout the world with whom we can liase in order to ensure the best outcome for our clients. Since Stean Shaw LLP act on a “no win - no fee” basis, there is no cost “upfront” to our clients by using our services. Stean Shaw LLP will only charge a fee when we succeed in obtaining a recovery for our clients on claims that can invariably involve considerable time, trouble and complexity to be finalised.


	If you have any enquiries about Stean Shaw LLP, our services and fees, or questions on air claims, our team would be happy to hear from you through our listed contact details. Alternatively, to e-mail us, please click here.