THE High Court action for compensation from major airlines by survivors of deep vein thrombosis has been adjourned after the trial judge revealed he owned British Airways shares.
Brenda Payne of Taylor Street, Bury, is one of 55 airline passengers, or their relatives, who are claiming compensation from 27 airlines -- including British Airways -- over an alleged breach of duty of care.
The three day hearing on the contested preliminary point of whether DVT can be an accident under the terms of the 1929 Warsaw Convention started earlier this week.
But yesterday, after a day of discussions between judge, counsel and claimants, Mr Justice Nelson announced an adjournment until November 18.
He told a packed London courtroom that he saw a newspaper article yesterday lunchtime about BA's interim profits. Justice Nelson said: "It then occurred to me, regrettably for the first time since taking on this case, that I had some shares in BA. In the evening I checked and found that I had 1,450 BA shares. This morning I sold the whole of my shareholding in BA. He added that for his part his former holding of the shares was a matter which was "absolutely incapable" of affecting his decision one way or another.
"The sensitivity of the holding of such shares, even a small number, is in my view such that "The parties must be given the opportunity to consider whether I should continue."
Any application for the judge to stand down will be heard on November 15 and the case -- before the same judge or another -- will resume on November 18.
The judge said that there had been no application as yet for him to stand down.
But he added: "I very much regret not appreciating this matter beforehand. It plainly should have been raised earlier rather than the beginning of the second day."
A BA spokesman has said that the company will resist claims against it in the context of advice given by the Government and the World Health Organisation that no specific link between flying and DVT has been established.
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