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Will The Families of Victims of Flight MH17 Take 20 Years to Achieve Justice?

Posted: Friday, 4 January 2019 @ 13:43
In the aftermath of the plane crash that killed all 298 people aboard Malaysia Airlines Flight 17 on Thursday 17th July,  it is worth considering that beyond all the grief,  the victims’ families and countries are likely to being drawn into a lengthy court process.

My mind is taken back to the Lockerbie bombing and the fact that it took more than 20 years for the victims to obtain compensation.

With all the journalists and politicians grandstanding, you do wonder how effective the families will ultimately be. I suppose obtaining some compensation is better than none.

Whether there is actual justice is another matter. Jim Swire who took a high profile after his  23 year old daughter died at Lockerbie became convinced that the convicted Libyan bomber was innocent.

Dealing with the money,  despite some contrary reports it is tempting to view the airline will be the initial focus of potential litigation from the grief strucken passangers. I have read that initial mandatory pay outs are virtually guaranteed to approach $50 million with of the Montreal Convention, which governs the rights of passengers in international travel. Apparently Malaysia Airlines automatically will be responsible for about $150,000 per passenger.

For Malaysia Airlines to avoid liability beyond the initial pay out mandated as part of the Montreal Convention, it will have to prove that it was not only following international airspace protocol but also that it did everything in its power to protect the passengers.

Although the airline was minding its own business and was flying in international skies, 1,000 feet above the 32,000 feet claimed as official Ukrainian airspace, it will be legally vulnerable as  it was widely known that three military planes had been downed in that airspace just prior to the shooting down.

It seems that the quest for justice may be determined by the airline's insurers' Allianz and Atrium.

If the airline is sued and both pay out, they could probably would pursue a right of subrogation against either Ukraine or Russia, which means it would pay Malaysia Airlines for its liabilities, and the country responsible would be sued for those expenses.

Even if the separatists or Russians are found to be at fault, that does not  mean reparations will be forthcoming. It is unlikely that claimants would collect any money from the separatists. The Russians may not even turn up to Court.

As one lawyer said on the issue  "Anybody can sue anybody they want, but that gets you some headlines for a day or two and then frustration for years."

Depressing stuff.
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