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

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

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; the Montreal Convention governs liability exclusively and precludes such claims. Remedies are limited to administrative enforcement, declarations, and injunctive relief.

Citation
[2011] EWHC 379
Parties
Claimant/appellant: Tony Hook; Defendant/respondent: British Airways PLC
Jurisdiction
England and Wales
Judgment Date
25 February 2011
Procedural Posture
Appeal / Appeal From Decision Striking Out Damages Claim
Outcome
Appeal dismissed
Legal Topics
Montreal Convention Exclusivity, Compensation for Discrimination, Enforcement of EC Regulation 1107/2006, Administrative Remedies Vs Private Law Damages
Aviation Law Disability Discrimination European Union Law Tort Law Montreal Convention Exclusivity Compensation for Discrimination Enforcement of EC Regulation 1107/2006 Administrative Remedies Vs Private Law Damages

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Parties

Tony Hook

Claimant/appellant

British Airways PLC

Defendant/respondent

Procedural Posture

Appeal / Appeal From Decision Striking Out Damages Claim

Legal Issues

  1. 1 Does Regulation 9 of the UK Regulations create an exception to the Montreal Convention exclusivity, allowing a private law damages claim for discrimination?
  2. 2 Does EC Regulation 1107/2006 override the Montreal Convention in respect of individual compensation claims for disabled persons?
  3. 3 Is there a breach of the principle of equivalence in denying a damages claim for discrimination in air travel?

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; the Montreal Convention governs liability exclusively and precludes such claims. Remedies are limited to administrative enforcement, declarations, and injunctive relief.

Court Disposition

Appeal dismissed

Orders

  • No damages claim allowed under Regulation 9 of the UK Regulations
  • Appellant may pursue administrative remedies, declarations, or injunctive relief