British Airways in court over deep vein thrombosis claims.

AIRLINE INDUSTRY INFORMATION-(C)1997-2005 M2 COMMUNICATIONS LTD

British Airways is being taken to court by travellers who have suffered deep vein thrombosis (DVT).

Today (19 October) the case will be taken to the highest court of appeal in the UK on behalf of seven travellers

who either died or claim that their lives were impaired by DVT. The case will see the House of Lords determine whether the blood clots can be considered accidents under the Warsaw Convention. If so, it will be included under the convention's cover for death and injury during air travel, and a ruling in favour of those claiming compensation would reportedly see class action taken against 18 airlines.

According to The Associated Press, these airlines include Airtours International Airways, British Airways, Continental Airlines, Qantas and Virgin Atlantic. The airlines have denied liability in hearings in the High Court in December 2002 and the Court of Appeal in July 2003. In these hearings the airlines argued that DVT is not caused by an "unexpected or unusual event" external to the passenger, which is the definition of an accident under the 1929 Warsaw Convention.

British Airways has agreed to waive the costs for the case and a spokesman said that the airline is confident that the House of Lords will reach the same conclusion as the lower courts. Usually in the UK the losing side in a court case is responsible for the legal costs of the winner.

((Comments on this story may be sent to aii.feedback@m2.com))