The New Class Actions Law
Recently the District Court of Tel Aviv adopted a narrow interpretation to Regulation 482 in order to prevent potential plaintiffs from taking advantage of the willingness of foreign companies to resolve disputes between the parties in order to subject them to the jurisdiction of the Israeli Court system.
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In two Court rulings handed down recently, the Court imposed personal liability on the D&Os towards employees of the company.
Visit our new press section to learn about the firm's acclaims by the world's leading legal directories - Press here
In two recent judgement handed down by the District Court of Tel Aviv the court discussed the implication of placing criminal liability on directors and officers and reached contradicting conclusions.
On 24 April 2009 the Haifa District Court handed down its decision in an insurance claim filed by Sky Club Ltd - C.F.270-00. In its decision, the District Court ruled that an insurer which failed to pay insurance benefits on time may be obliged to compensate the insured for the damage it suffered as a result of the delay.
Recently two Court rulings were handed down, in which the courts referred to several aspects of a derivative claim: Only in rare circumstances will a derivative claim be dismissed in limine; a Derivative Claim Cannot be Filed by a Former Shareholder.
Adv. Peggy Sharon and Adv. Oded Cederboim
In the eyes of the Supreme Court, a travel agency may be considered as an agent of a carrier when the carrier knew, encouraged or instructed the travel agency how to act.
By Adv. Peggy Sharon
Air accidents inevitably raise numerous complex issues, one of which is invariably that of jurisdiction. Where the Warsaw system of conventions applies as was amended eventually by the 4th Protocol of Montreal, a framework for jurisdiction is specified; however, where Warsaw Convention does not apply, jurisdictional issues may become more problematic.
For the plea of willful misconduct as stated in Section 25 of the Warsaw Convention, the plaintiff has to prove both that the degree of the negligence (deviation from the standard of care) is very high - an objective test, and in addition that the carrier was aware of the probability of the occurrence of damage due to its behaviour and yet was indifferent to this result - a subjective test.
By Adv. Peggy Sharon and Adv. Keren Marco
In a recent judgement handed down on 4th November 2009 by the Tel Aviv District Court, the Court interpreted the term "for reward" for the applicability of the Warsaw Convention to the crash of a helicopter which was leased.
Adv. Peggy Sharon and Adv. Moshe Abady
The freight forwarder may act in several capacities - sometimes just as an agent for its clients for the coordination of the shipment, without issuing an Airway Bill but sometimes it issues an airway bill and undertakes to deliver the shipment from point A to point B.
The liability of an air carrier is provided by the Warsaw Convention which was enacted into the Israeli law by the Israeli Carriage by Air Law - 1980.
The question is whether the liability of the freight forwarder is also governed by the Warsaw Convention?
Adv. Peggy Sharon
In a recent ruling by the Tel-Aviv District Court (Sept. 2007) the court addressed the question whether a death of a passenger resulting from DVT can be considered an "accident" according to the Warsaw Convention. The court reaffirmed a previous ruling that determined that DVT should not be considered an accident within the scope of the Warsaw Convention and that despite the unfortunate circumstances, the claim should be dismissed.
By Adv. Peggy Sharon and Adv. Moshe Abady
An aircraft accident resulting in bodily injury to passenger is governed by The Warsaw Convention , which on the one hand, imposes almost strict liability on the air carrier but on the other hand, limits the amount of indemnity payable to the passenger.
Article 1 of the Convention provides that 'This Convention applies to all international carriage of persons, luggage or goods performed by aircraft for reward. It applies equally to gratuitous carriage by aircraft performed by an air transport undertaking'.
In order that the limit of indemnification will apply, the air carrier should issue a flight ticket which includes a declaration that the carriage is subject to the rules relating to liability as established by the Warsaw Convention.
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