Laroche v Spirit of Adventure (UK) Ltd [2009] EWCA Civ 12, [2009] All ER (D) 137 (Jan)
Court of Appeal, Civil Division, Mummery, Dyson and Jacob LJJ, 21 January 2009
In finding that a pleasure flight in a hot air balloon was subject to Sch 1 to the Carriage by Air Acts (Application of Provisions) Order 1967, (SI 1967/480), the Court of Appeal has held that the balloon was an “aircraft”, that there had been “carriage” of the “claimant” and that the claimant was a “passenger” for the purposes of the 1967 Order.
Charles Davey (instructed by Graham Dawson & Co) for the claimant. Robert Lawson (instructed by Bruce, Lance & Co) for the defendant.
In August 2003, the claimant went on a hot air balloon flight organised by the defendant. The arrangement was that a vehicle would follow the balloon with a view to collecting the balloon and passengers from wherever they landed.
The claimant suffered injuries during a sudden landing.
In August 2006, he brought an action against the defendant, seeking damages
