A landmark court case into deep vein thrombosis (DVT) has been adjourned, after the presiding judge admitted owning British Airways shares.

Fifty-six people are fighting 28 airlines, claiming they were poorly warned about the risk of DVT, also known as economy class syndrome.

I very much regret not appreciating this matter beforehand

Justice Nelson

British Airways (BA) was one of the airlines being accused of breaching its duty of care at the hearing.

After a day of discussions, Mr Justice Nelson revealed his interest in the company and announced an adjournment until 18 November.

He told a packed London courtroom that his memory had been jogged by a newspaper article about BA.

"It then occurred to me, regrettably for the first time since taking on this case, that I had some shares in BA," the judge said.

"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."

Judge's regrets

Mr Nelson said holding the shares was a matter which would have been "absolutely incapable" of affecting his decision one way or another.

However, he added: "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."

Six relatives are among the claimants

Any application for the judge to stand down will be heard on 15 November and the case - before the same judge or another - will resume on 18 November.

Mr Nelson said: "I very much regret not appreciating this matter beforehand.

"It plainly should have been raised earlier rather than the beginning of the second day."

The hearing began on Tuesday and is to consider whether DVT can be classed as an accident under the terms of the 70-year-old Warsaw Convention.

This could lead to airlines having to pay out significant damages to victims or their families.

DVT is a condition where a small blood clot forms in the deep veins, particularly in the legs, and complications in other organs can lead to death.

BA and the other airlines are resisting the compensation drive and deny they made "acts and omissions", including having seating too close together and failing to warn passengers of the dangers.

The airlines are expected to argue they are protected under the Warsaw Convention from paying compensation for medical problems classed as a passenger reaction to the normal operation of an aircraft.

I am just thankful every day that I am still alive

Lisa Brown, UK

I am 22 years old, and in May of this year I developed a very large DVT in my thigh. I am young, fit, slim, do not smoke or drink - I had also not been on an flight for over a year. Although seriously ill, it never crossed my mind to blame anyone. I am just thankful every day that I am still alive and on the way to making a full recovery.

I am not saying the airlines should or should not be held responsible for these cases. It is worth remembering that those that are still here to fight this case have already won a huge battle - they are still alive. My condolences got out to those who have lost a loved one, but what joy will this court battle bring them?
Lisa Brown, UK

As long as people want cheaper air travel, the airlines will continue to cram more passengers into aircraft. My sister was a flight attendant with a charter airline. When people complained about the lack of room, she used to tell them to go and pay double the amount to fly with BA, and get more room.
Tracey, UK

After flying from Toronto to Manchester on a six hour flight I developed a limp in my right leg, the pain got worse over a couple of days so my husband made me go to the hospital. I did not think that six hours was long enough to develop DVT. And I was moving my legs during the flight. But I was wrong! It was a DVT.
Joanne Thibodeau, UK

I've seen cabin crew becoming openly irritated by passengers walking up and down the aisles

Judy, UK

It's extremely difficult to follow the guidelines of walking about the cabin or exercising your legs when you are in a cramped middle section seat surrounded by other passengers and their luggage. I've experienced cabin crew becoming openly irritated by passengers walking up and down the aisles. Perhaps designated time intervals could be announced for passengers to adequately stretch their legs without interfering with meal or drinks service and to avoid inconveniencing fellow passengers who might be sleeping.
Judy, UK

At 81 years of age, I travel between the island of Mallorca and LA at least once every year and the airlines have been giving advice to move around and/or do exercises in one's seat for at least the 16 years that I have been making the journey. So they cannot be held responsible.
Betsy Zill Phillips, USA/Spain

My wife who is a little over five foot has experienced severe discomfort on some cheaper flights, and could not even bring her knees together on one, despite her small stature. It is impossible to assume the correct position for an emergency landing if the seat in front is too close.
RH Rawlinson, UK

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