Gatewhite were the owners of a consignment of chrysanthemums carried by Iberia Airlines from Las Palmas to London Heathrow via Madrid. The cargo arrived in a damaged state due to delay in the carriage by air. The preliminary issue to be decided was whether Gatewhite had title to sue, being named as only a notify party alongside the consignee in the air waybill. A common law lawyer finds it very difficult to accept the argument that the owner of goods cannot bring an action against the party responsible for loss, damage or delay. The defence largely rested upon the construction of the Convention, which was drawn up primarily by civil lawyers unfamiliar with common law concepts and relevant foreign case law. The judgment of the court warned against adopting too parochial an approach in interpreting an international Convention, though it may be open to criticism for not having achieved uniformity in this decision.

The plaintiff relied heavily on Art. 1(1) in the Carriage by Air Act 1961, which incorporates into United Kingdom law the Warsaw Convention 1929 as amended by the Hague Protocol 1955. This Article is not part of the Convention itself but refers to rights and liabilities of “… consignors, consignees and other