If you were hurt on board an aircraft, or while getting on or off it, during international carriage, your claim against the airline is governed by the Montreal Convention 1999, which has the force of law in the UK through the Carriage by Air Act 1961. Under Article 17 the airline is liable for bodily injury caused by an accident on board or during embarking or disembarking. For damages up to 151,880 Special Drawing Rights (the figure certified for the UK by an Order in force from 7 February 2025), it cannot exclude or limit its liability. The time limit is two years, not the usual three.
A fall on the aircraft steps, a bag dropping from an overhead locker, a scald from a hot drink: when an injury like this happens on a flight, the ordinary UK negligence rules give way to an international treaty. The Montreal Convention decides when the airline is liable, how far it can limit what it pays, where you can sue and how long you have. This guide explains those rules for UK passengers. We are an independent information service, not a law firm.
When the Montreal Convention applies
The Convention applies to all international carriage of persons by aircraft for reward. Carriage is international where, under the agreement between the parties, the place of departure and the place of destination are in two states that are parties to the Convention, or in a single state party with an agreed stopping place in another state. The Carriage by Air Act 1961 gives the applicable provisions the force of law in the UK, whatever the nationality of the aircraft.
For UK air carriers, retained Regulation 2027/97 provides that their liability in respect of passengers and their baggage is governed by all provisions of the Montreal Convention relevant to such liability. If another airline flew a route within the UK, ask a solicitor which rules apply.
Article 29 makes the Convention the only route to damages: any action, however founded, can only be brought subject to its conditions and limits, and punitive, exemplary or any other non-compensatory damages cannot be recovered.
What the airline is liable for
Article 17(1) makes the carrier liable for damage sustained in case of death or bodily injury of a passenger, on condition only that the accident which caused it took place on board the aircraft or in the course of any of the operations of embarking or disembarking. Three points follow from that wording:
- There must be an accident. Article 17 does not define the word, so whether a particular event qualifies depends on the facts, and a specialist will look closely at what happened.
- The injury must be bodily. If your injury is purely psychological, ask a specialist whether it can be claimed under the Convention.
- Place and timing matter. The Article covers events on board and during embarking or disembarking. Something that happened elsewhere in the airport may fall under different rules.
| Topic | Rule | Article |
|---|---|---|
| Scope | International carriage of persons by aircraft for reward | 1 |
| Liability | Death or bodily injury caused by an accident on board or while embarking or disembarking | 17(1) |
| First tier | Up to 151,880 SDRs per passenger the carrier cannot exclude or limit its liability | 21(1); SI 2025/123 |
| Above that | No liability for the excess if the carrier proves the damage was not due to its negligence, or was solely due to a third party | 21(2) |
| Your own fault | The carrier is exonerated to the extent it proves your negligence caused or contributed to the damage | 20 |
| Advance payments | Required where the carrier's national law requires them | 28 |
| Time limit | Two years from arrival, or from when the aircraft ought to have arrived, or when the carriage stopped | 35 |
How much you can claim
The Convention does not set a tariff for injuries. It sets two tiers of liability. For damages up to 151,880 SDRs per passenger, the carrier cannot exclude or limit its liability. Above that figure, it is not liable for the excess if it proves that the damage was not due to the negligence or other wrongful act or omission of the carrier or its servants or agents, or that it was solely due to the negligence or other wrongful act or omission of a third party.
The Article 21 figure was 100,000 SDRs in the original text. Article 24 provides for the limits to be reviewed at five-year intervals, and a UK Order in force from 7 February 2025 certifies the revised Article 21 limit of 151,880 SDRs, up from 128,821.
An SDR (Special Drawing Right) is the unit of account defined by the International Monetary Fund. In court proceedings, the figure is converted into pounds at the value on the date of the judgment, so the sterling equivalent changes over time. If the carrier proves that your own negligence caused or contributed to the damage, Article 20 reduces or removes its liability to that extent.
Advance payments
Article 28 says that in aircraft accidents resulting in death or injury, the carrier must, if required by its national law, make advance payments without delay to meet the immediate economic needs of those entitled to claim. For UK air carriers, retained Regulation 2027/97 requires advance payments within 15 days of establishing the identity of the person entitled to compensation, proportional to the hardship suffered, and of at least the sterling equivalent of 16,000 SDRs per passenger in the event of death. An advance payment is not a recognition of liability and can be offset against later damages.
Where to bring the claim
Article 33 lets you sue, at your option, in the courts of the carrier's domicile or principal place of business, where it has a place of business through which the contract was made, or at the place of destination. For death or injury there is a further option: the state where you had your principal and permanent residence at the time of the accident, provided the carrier operates passenger services to or from that state and conducts its business there from premises leased or owned by it or by a carrier it has a commercial agreement with. For many UK residents, that can open the door to suing in the UK.
In England and Wales, the Pre-Action Protocol for Personal Injury Claims normally gives a defendant 21 days to reply to a letter of claim and three months to investigate; where the accident happened abroad or the defendant is outside the jurisdiction, those periods should normally be extended up to 42 days and six months. Keep the two-year deadline in view throughout. If your flight was part of a package holiday, read our holiday accident claims guide as well.
The two-year time limit
Article 35 says the right to damages is extinguished if an action is not brought within two years, counted from the date of arrival at the destination, the date on which the aircraft ought to have arrived, or the date on which the carriage stopped. The method of calculating the period is determined by the law of the court hearing the case. That is shorter than the usual three-year period for personal injury claims, such as the one in section 11 of the Limitation Act 1980 for England and Wales, so do not wait for an airline complaint to run its course before taking advice.
Time limit checker
Indicative only. It applies the two-year period in Article 35 of the Montreal Convention and cannot allow for every argument about when the period starts. It is not legal advice: take advice well before the deadline.
Frequently asked questions
Can I claim if I was injured by turbulence?
Possibly. Article 17 makes the airline liable for bodily injury caused by an accident on board. Article 17 does not define an accident, so whether a turbulence injury qualifies depends on what happened. Take advice early because of the two-year limit.
How long do I have to claim against an airline for an injury?
Two years under Article 35 of the Montreal Convention, counted from the date of arrival at the destination, the date the aircraft ought to have arrived, or the date the carriage stopped. The Convention says the right to damages is extinguished after that.
Does the Montreal Convention apply to domestic UK flights?
For UK air carriers, retained Regulation 2027/97 applies all provisions of the Montreal Convention relevant to their liability for passengers and baggage. If a non-UK airline flew the domestic route, ask a solicitor which rules apply.
How much compensation can I get under the Montreal Convention?
There is no fixed tariff. Up to 151,880 SDRs per passenger the airline cannot exclude or limit its liability; above that it can avoid paying the excess if it proves the damage was not due to its negligence or was solely due to a third party. Punitive damages cannot be recovered.
Can I sue a foreign airline in the UK?
Often. For death or injury, Article 33 allows a claim in the state of your principal and permanent residence at the time of the accident, if the airline operates passenger services to or from that state and conducts its business there from premises it or a partner carrier leases or owns.
What is a Special Drawing Right?
It is the unit of account defined by the International Monetary Fund. Under Article 23, sums in SDRs are converted into national currency at their value on the date of the judgment.
Get help from official, free sources
- legislation.gov.uk: the full text of the Montreal Convention, Schedule 1B to the Carriage by Air Act 1961
- Solicitors Regulation Authority (SRA): check a solicitor is regulated
- The Law Society: Find a Solicitor: personal injury specialists
- Citizens Advice: free, impartial guidance on your rights
Related guides: holiday accident claims, holiday illness claims, head injury claims, scarring and burns claims, time limits to claim and all claim types.
Official sources used for this guide: Carriage by Air Act 1961, Schedule 1B (Montreal Convention); Carriage by Air (Revision of Limits of Liability under the Montreal Convention) Order 2025; Regulation (EC) No 2027/97, art. 5 (retained); Carriage by Air Act 1961, s.1; Pre-Action Protocol for Personal Injury Claims. This guide is general information about the law in the UK, not legal advice; the law can change, so check your own position with a regulated solicitor.