Roads v Central Trains Ltd. [2004] EWCA Civ 1541 (05 November 2004)

Roads v Central Trains Ltd. [2004] EWCA Civ 1541 (05 November 2004)

On the agreed assumption that cost was not a factor, and given adequate notice, it was unreasonable to require the claimant to travel via Ely when a wheelchair-accessible taxi could be provided at no cost to Central Trains. The judge erred by taking into account irrelevant considerations, including cost and the scale of the problem, contrary to the agreement and the policy of the Act.

Citation
[2004] EWCA Civ 1541
Parties
Claimant/appellant: Keith Roads; Defendant/respondent: Central Trains Limited
Jurisdiction
England and Wales
Judgment Date
05 November 2004
Procedural Posture
Appeal From County Court (disability Discrimination Act Claim) / Court of Appeal Judgment
Outcome
Appeal allowed; judgment for claimant
Legal Topics
Reasonable Adjustments for Disabled Persons, Service Provider Duties Under Disability Discrimination Act 1995, Access to Public Transport, Interpretation of 'reasonable Alternative Method', Assessment of Reasonableness Excluding Cost by Agreement
Disability Discrimination Public Law Transport Law Reasonable Adjustments for Disabled Persons Service Provider Duties Under Disability Discrimination Act 1995 Access to Public Transport Interpretation of 'reasonable Alternative Method' Assessment of Reasonableness Excluding Cost by Agreement

Case Brief

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Parties

Keith Roads

Claimant/appellant

Central Trains Limited

Defendant/respondent

Procedural Posture

Appeal From County Court (disability Discrimination Act Claim) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Central Trains was required to provide a wheelchair-accessible taxi for platform access under the Disability Discrimination Act 1995
  2. 2 Whether the alternative route via Ely constituted a reasonable alternative method of access
  3. 3 Whether the judge erred by considering cost and other irrelevant factors in assessing reasonableness

Ratio Decidendi

On the agreed assumption that cost was not a factor, and given adequate notice, it was unreasonable to require the claimant to travel via Ely when a wheelchair-accessible taxi could be provided at no cost to Central Trains. The judge erred by taking into account irrelevant considerations, including cost and the scale of the problem, contrary to the agreement and the policy of the Act.

Court Disposition

Appeal allowed; judgment for claimant

Orders

  • Judgment entered for claimant in the sum of £1,097
  • Claimant's costs here and below to be paid by defendants