A FIRM of solicitors acting for one of the survivors of last week’s air crash at Cork airport has accused the service provider, Manx2, of shirking its responsibilities by claiming it was not liable for any claims arising out of the crash.
Lawyers for Mark Dickens, from Watford, who survived the crash in which six people lost their lives, have written to online airline Manx2 seeking details of its insurance provision and an immediate advance payment for Mr Dickens of more than €15,000.
The firm, Stewarts Law, of London, is seeking the payment to cover costs of humanitarian support to Mr Dickens, who is to be medivacked to the UK today from Cork University Hospital.
Head of the aviation department at Stewarts Law, James Healy-Pratt, has accused Manx2 of reneging on its responsibilities after lawyers for the airline wrote back to him stating the claim should be redirected to the Spanish operators and owners of the aircraft.
In a letter seen by The Irish Times,Appleby Solicitors, for Manx2, said the Fairchild Metro III aircraft involved in the fatal crash was owned by Spanish airline Airlada and operated by Spanish company Flightline BCN SL.
Appleby Solicitors said Manx2 acted as “ticket provider or booking office” and that, according to terms and conditions of Mr Dickens’s ticket purchase, the carrier was Flightline BCN, not Manx2.
“Your client’s contract was with Flightline BCN SL and your client’s claim should be directed to that company. In particular, the advance payment of 16,000 SDR [special drawing rights] (£15,497.54 stg) to which you refer is not payable by our client for this reason,” said Appleby in its letter.
Mr Healy-Pratt strongly rejected this and said all commercial flights within Europe are governed by European Regulation EU889/2002, which implements an international aviation treaty called the Montreal Convention.
“Both the Montreal Convention and the European regulations make one thing very clear – a passenger that suffers death or injury has the right to seek compensation from either the contracting carrier or the actual carrier,” said Mr Healy-Pratt.
In a statement last night, Manx2 chief executive Noel Hayes said it chartered all aircraft only from European Air Operators Certificate holders under an Aircraft, Crew, Maintenance and Insurance (ACMI) contract and as such any claims should be made against Flightline BCN.
“This kind of arrangement is common in the aviation industry and ensures the necessary cover for passengers and their families in the event of such awful circumstances.”
