“…The first relevant case in this jurisdiction is Gahan v Emirates (Civil Aviation Authority and another intervening)[2017] EWCA Civ 1530; [2018] 1 W.L.R 2287 (“Gahan”). The appeal was concerned with a claim under the Regulation in respect of non-EU carriers, where the claimants’ flight from Manc…”
“… ICSID Convention in the hands of another body. Arden LJ pointed out that this is in substance one of the points which this Court left open in Gahan v Emirates [2017] EWCA Civ 1530 [81] to [89] in relation to the Montreal Convention. Mr Green further submits that this Court must interpret section 2(2) of the 1972 Act with section 18 of th…”