Hook v British Airways Plc [2011] EWHC 379 (QB) (25 February 2011)

Hook v British Airways Plc [2011] EWHC 379 (QB) (25 February 2011)

The Montreal Convention is exclusive in governing air carrier liability for damages arising from international carriage by air, precluding private law claims for damages, including for discrimination or injury to feelings, unless expressly permitted by the Convention. The EC Regulation and UK Regulations do not create a private law cause of action for damages against air carriers; enforcement is through administrative remedies. There is no breach of the principle of equivalence, and no basis for a reference to the ECJ.

Citation
[2011] EWHC 379 (QB)
Parties
Claimant/appellant: Tony Hook (by his Mother and Litigation Friend Gillian Hook); Defendant/respondent: British Airways PLC
Jurisdiction
England and Wales
Judgment Date
25 February 2011
Procedural Posture
Appeal / Appeal From Decision of HHJ Knight QC Striking Out Claim for Damages
Outcome
Appeal dismissed
Legal Topics
Air Carrier Liability, Disability Discrimination, Enforcement of EU Regulations, Montreal Convention Exclusivity, Compensation for Injury to Feelings
Aviation Law Disability Law European Union Law Air Carrier Liability Disability Discrimination Enforcement of EU Regulations Montreal Convention Exclusivity Compensation for Injury to Feelings

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Parties

Tony Hook (by his Mother and Litigation Friend Gillian Hook)

Claimant/appellant

British Airways PLC

Defendant/respondent

Procedural Posture

Appeal / Appeal From Decision of HHJ Knight QC Striking Out Claim for Damages

Legal Issues

  1. 1 Does Regulation 9 of the UK Regulations create an exception to the Montreal Convention regime to allow a private law claim for damages for injury to feelings against an air carrier for failure to accommodate a disabled passenger?
  2. 2 Does the EC Regulation or UK Regulations provide for a private law cause of action for damages against air carriers, or is enforcement limited to administrative remedies?
  3. 3 Does the exclusivity principle of the Montreal Convention preclude discrimination claims for damages arising from international carriage by air?

Ratio Decidendi

The Montreal Convention is exclusive in governing air carrier liability for damages arising from international carriage by air, precluding private law claims for damages, including for discrimination or injury to feelings, unless expressly permitted by the Convention. The EC Regulation and UK Regulations do not create a private law cause of action for damages against air carriers; enforcement is through administrative remedies. There is no breach of the principle of equivalence, and no basis for a reference to the ECJ.

Court Disposition

Appeal dismissed