Association of British Travel Agents Ltd v Civil Aviation Authority

Association of British Travel Agents Ltd v Civil Aviation Authority

The Guidance Note issued by the CAA is misleading or potentially misleading in several respects, including its treatment of 'inclusive price', the relevance of agent influence, and the effect of documentation, and thus should be withdrawn as it may mislead the uninformed reader as to when an ATOL is required under regulation 3(1A) of the ATOL Regulations.

Parties
Claimant/respondent: The Association of British Travel Agents Ltd; Defendant/appellant: Civil Aviation Authority
Jurisdiction
England and Wales
Judgment Date
17 October 2006
Procedural Posture
Judicial Review / Appeal From High Court to Court of Appeal
Outcome
Appeal dismissed save that the Guidance Note is to be withdrawn rather than quashed.
Legal Topics
Judicial Review of Regulatory Guidance, Interpretation of 'package' Under Package Travel Regulations, Licensing Requirements Under ATOL Regulations
Administrative Law Regulatory Law Consumer Protection Judicial Review of Regulatory Guidance Interpretation of 'package' Under Package Travel Regulations Licensing Requirements Under ATOL Regulations

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Parties

The Association of British Travel Agents Ltd

Claimant/respondent

Civil Aviation Authority

Defendant/appellant

Procedural Posture

Judicial Review / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the CAA's Guidance Note 26 misstates the law or is misleading regarding the definition of 'package' and the requirement for an ATOL under the Civil Aviation (Air Travel Organisers’ Licensing) Regulations 1995 (as amended)
  2. 2 Whether the Guidance Note should be quashed or withdrawn as unlawful

Ratio Decidendi

The Guidance Note issued by the CAA is misleading or potentially misleading in several respects, including its treatment of 'inclusive price', the relevance of agent influence, and the effect of documentation, and thus should be withdrawn as it may mislead the uninformed reader as to when an ATOL is required under regulation 3(1A) of the ATOL Regulations.

Court Disposition

Appeal dismissed save that the Guidance Note is to be withdrawn rather than quashed.

Orders

  • The Guidance Note is to be withdrawn.