Richmond Court (Swansea) Ltd v Williams [2006] EWCA Civ 1719 (14 December 2006)

Richmond Court (Swansea) Ltd v Williams [2006] EWCA Civ 1719 (14 December 2006)

The refusal of consent to install a stair-lift was not for a reason relating to the claimant's disability but for general reasons applicable to all lessees; therefore, there was no less favourable treatment or discrimination under section 24(1) of the Disability Discrimination Act 1995. The Act does not impose a positive duty on managers of premises to permit or make adjustments to common parts for disabled persons.

Citation
[2006] EWCA Civ 1719
Parties
Defendant/appellant: Richmond Court (Swansea) Ltd; Claimant/respondent: Dorothy Williams
Jurisdiction
England and Wales
Judgment Date
14 December 2006
Procedural Posture
Appeal (civil) / Appeal From County Court Decision on Preliminary Issue
Outcome
Appeal allowed; summary judgment for the defendants.
Legal Topics
Disability Discrimination Act 1995, Discrimination in Premises, Consent for Alterations, Comparators in Discrimination Law
Disability Law Landlord and Tenant Law Equality Law Disability Discrimination Act 1995 Discrimination in Premises Consent for Alterations Comparators in Discrimination Law

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Richmond Court (Swansea) Ltd

Defendant/appellant

Dorothy Williams

Claimant/respondent

Procedural Posture

Appeal (civil) / Appeal From County Court Decision on Preliminary Issue

Legal Issues

  1. 1 Whether refusal of consent to install a stair-lift constitutes discrimination under section 22(3) of the Disability Discrimination Act 1995
  2. 2 Whether the defendants' refusal amounts to less favourable treatment for a reason relating to disability under section 24(1)

Ratio Decidendi

The refusal of consent to install a stair-lift was not for a reason relating to the claimant's disability but for general reasons applicable to all lessees; therefore, there was no less favourable treatment or discrimination under section 24(1) of the Disability Discrimination Act 1995. The Act does not impose a positive duty on managers of premises to permit or make adjustments to common parts for disabled persons.

Court Disposition

Appeal allowed; summary judgment for the defendants.

Orders

  • Summary judgment granted to the defendants.
  • Claimant's case dismissed on the preliminary issue.