[Peetwo]

An update on the MH370 NOK compensation claims, from new kid on the block Mitchell - 'Binger' - Bingemann in the Oz yesterday:

MH370 lawyer close to lodging families’ claim

• Mitchell Bingemann
  
• The Australian
  
• February 12, 2016 12:00AM
  

Reporter
Sydney


MH370 search ship, Fugro Equator, returns to Australia after six months at sea.

A lawyer representing four families with missing passengers on Malaysia Airlines flight MH370 says he is just weeks away from settling a claim against the airline.

Families of the 239 passengers aboard the missing Boeing 777 have until March 8 — the two-year anniversary of MH370’s disappearance — to bring compensation claims against ­Malaysia Airlines.

“There is a lot of frantic waiting going on and anxiety going on for the families because we are nearing the limitation period for claims against Malaysia Airlines,” aviation law expert Joseph Wheeler told The Australian.

“Compensation claims against the airline must be done within two years of the date of the disappearance of the aircraft. So they need to be wrapped up or a case must be filed in court for negotiations to continue after the 8th of March.”

Mr Wheeler represents four Malaysian families of missing passengers from flight MH370 but is not bringing a case against the airline.

“If we don’t reach a settlement by March 8 we will have to file, but that’s just to protect our clients’ right to pursue compensation. But we are extremely close to settling: a couple of weeks away at most,” he said. “Strategically there is very little use in filing a case in court against Malaysia Airlines. There’s nothing to be gained by using the adversarial process and that’s been shown in Malaysia where courts have directed claimants to settle.”

The disappearance of MH370 falls under the Montreal Convention, which governs many air disaster claims and imposes strict liability on air carriers for injury and death caused by accidents.

The convention prohibits punitive or exemplary damages, and the calculation of damages in any particular case proceeds under the law of the country where a family has chosen to bring their claim.

Air carriers cannot defend claims assessed to be under $190,000 but can fight higher claims if they can prove they weren’t the cause of the accident, or that the accident was caused solely by some other party.

The disappearance of MH370, however, has made it impossible for the airline or authorities to determine the cause of the aircraft’s demise.

The search for MH370 is being carried out by the Dutch Fugro survey group using three vessels: the Fugro Discovery, the Fugro Equator and Havila Harmony. The search has been hampered by recent damage to two of the vessels.

Australia, Malaysia and China have committed to searching 120,000sq km for the missing aircraft.

More than 85,000sq km of the sea floor have been searched so far.

It is anticipated that the search of the agreed area will be completed around the middle of the year.

Should no credible new information that leads to finding the aircraft be uncovered, the governments have agreed to not expand the search area.

The clock is certainly ticking, wonder if there is any possibility of a 'stay' on proceedings if the aircraft is actually found between now & the 2nd anniversary of this tragedy; or even after for that matter?

MTF..P2