The appellant submits that the rule in Brown v. Humble has no application to a claim brought under the Warsaw Convention. Brown v. Humble dealt with a statutory limitation period. In common law jurisdictions, the expiry of a statutory limitation period does not extinguish the underlying claim, but rather creates a procedural bar to proceeding with the claim. The appellant submits that the two-year period laid down by art. 29 has a fundamentally different character and that after two years, the claim is extinguished. It follows, in the appellant's submission, that when the statement of claim expired for want of service after the two-year prescription in art. 29 had expired, the Warsaw Convention claim was extinguished and there was nothing to revive.
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