Ross v Ryanair Ltd. & Anor [2004] EWCA Civ 1751 (21 December 2004)

Ross v Ryanair Ltd. & Anor [2004] EWCA Civ 1751 (21 December 2004)

Both Ryanair and Stansted Airport Limited were 'providers of services' under the Disability Discrimination Act 1995 and owed a duty to provide reasonable auxiliary aids (wheelchair assistance) to disabled passengers at no cost. Their failure to do so constituted unlawful discrimination against Robert Ross. The judge was wrong to acquit Stansted Airport Limited of responsibility; both defendants are jointly liable.

Citation
[2004] EWCA Civ 1751
Parties
Claimant/first Respondent: Robert Ross; First Defendant/appellant: Ryanair Limited; Second Defendant/second Respondent: Stansted Airport Limited
Jurisdiction
England and Wales
Judgment Date
21 December 2004
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From Central London County Court
Outcome
Appeal dismissed; declaration granted that Stansted Airport Limited also unlawfully discriminated; order for Stansted Airport Limited to contribute 50% of Ryanair's liability for damages and interest.
Legal Topics
Service Provider Obligations Under Disability Discrimination Act 1995, Liability for Provision of Auxiliary Aids, Division of Responsibility Between Airline and Airport, Damages for Discrimination, Interpretation of 'provider of Services'
Disability Discrimination Civil Procedure Aviation Law Service Provider Obligations Under Disability Discrimination Act 1995 Liability for Provision of Auxiliary Aids Division of Responsibility Between Airline and Airport Damages for Discrimination Interpretation of 'provider of Services'

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 3 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Robert Ross

Claimant/first Respondent

Ryanair Limited

First Defendant/appellant

Stansted Airport Limited

Second Defendant/second Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From Central London County Court

Legal Issues

  1. 1 Whether Ryanair and/or Stansted Airport Limited unlawfully discriminated against Robert Ross under Part III of the Disability Discrimination Act 1995 by failing to provide free wheelchair assistance
  2. 2 Whether Ryanair's policy of charging for wheelchair assistance constituted less favourable treatment under the Act
  3. 3 Whether Stansted Airport Limited also owed a duty to provide auxiliary aids under the Act

Ratio Decidendi

Both Ryanair and Stansted Airport Limited were 'providers of services' under the Disability Discrimination Act 1995 and owed a duty to provide reasonable auxiliary aids (wheelchair assistance) to disabled passengers at no cost. Their failure to do so constituted unlawful discrimination against Robert Ross. The judge was wrong to acquit Stansted Airport Limited of responsibility; both defendants are jointly liable.

Court Disposition

Appeal dismissed; declaration granted that Stansted Airport Limited also unlawfully discriminated; order for Stansted Airport Limited to contribute 50% of Ryanair's liability for damages and interest.

Orders

  • Appeal by Ryanair dismissed
  • Declaration that Stansted Airport Limited unlawfully discriminated against Robert Ross