Hook v British Airways Plc

Hook v British Airways Plc

Neither EC Regulation 1107/2006 nor Regulation 9 of the UK Regulations create a private law cause of action for damages against air carriers for discrimination claims; such claims are pre-empted by the Montreal Convention, which governs liability for damages in international carriage by air. The administrative enforcement regime is the proper avenue for redress.

Parties
Claimant/appellant: Tony Hook; Litigation Friend: Gillian Hook; Defendant/respondent: British Airways PLC
Jurisdiction
England and Wales
Judgment Date
25 February 2011
Procedural Posture
Appeal / Judgment on Appeal Against Strike Out of Damages Claim
Outcome
Appeal dismissed
Legal Topics
Air Carrier Liability, Discrimination, Montreal Convention Exclusivity, Compensation for Injury to Feelings, Administrative Enforcement Regimes
Aviation Law Disability Rights European Union Law International Law Air Carrier Liability Discrimination Montreal Convention Exclusivity Compensation for Injury to Feelings +1 more

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Parties

Tony Hook

Claimant/appellant

Gillian Hook

Litigation Friend

British Airways PLC

Defendant/respondent

Procedural Posture

Appeal / Judgment on Appeal Against Strike Out of Damages Claim

Legal Issues

  1. 1 Whether Regulation 9 of the UK Regulations creates an exception to the Montreal Convention exclusivity principle
  2. 2 Whether EC Regulation 1107/2006 and UK Regulations allow a private law damages claim for injury to feelings against an air carrier
  3. 3 Whether claims for discrimination in air travel are pre-empted by the Montreal Convention

Ratio Decidendi

Neither EC Regulation 1107/2006 nor Regulation 9 of the UK Regulations create a private law cause of action for damages against air carriers for discrimination claims; such claims are pre-empted by the Montreal Convention, which governs liability for damages in international carriage by air. The administrative enforcement regime is the proper avenue for redress.

Court Disposition

Appeal dismissed

Orders

  • No damages claim allowed against air carrier for injury to feelings under Regulation 9 of UK Regulations
  • Appellant may pursue administrative enforcement or seek declaratory/injunctive relief