Stott v Thomas Cook Tour Operators Ltd & Ors [2012] EWCA Civ 66 (07 February 2012)

Stott v Thomas Cook Tour Operators Ltd & Ors [2012] EWCA Civ 66 (07 February 2012)

Claims for damages for injury to feelings by disabled air passengers, where the injury is sustained during the period governed by the Montreal Convention (boarding, flight, disembarkation), are precluded by the exclusivity of the Convention. The EC Disability Regulation and UK Disability Regulations do not create a...

Source-derived case information.

Citation
[2012] EWCA Civ 66
Parties
Appellant: Christopher Stott; Respondent: Thomas Cook Tour Operators Ltd; Appellant: Tony Hook (by his litigation friend Gillian Hook); Respondent: British Airways PLC; Intervener: Secretary of State for Transport
Jurisdiction
England and Wales
Judgment Date
07 February 2012
Procedural Posture
Appeal / Court of Appeal (civil Division) Judgment
Outcome
Appeals dismissed
Legal Topics
Montreal Convention Exclusivity, Damages for Injury to Feelings, Rights of Disabled Air Passengers, Conflict Between International Conventions and Eu/uk Regulations, Temporal Scope of Air Carrier Liability
Aviation Law Disability Discrimination European Union Law Montreal Convention Exclusivity Damages for Injury to Feelings Rights of Disabled Air Passengers Conflict Between International Conventions and Eu/uk Regulations Temporal Scope of Air Carrier Liability

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Parties

Christopher Stott

Appellant

Thomas Cook Tour Operators Ltd

Respondent

Tony Hook (by his litigation friend Gillian Hook)

Appellant

British Airways PLC

Respondent

Secretary of State for Transport

Intervener

Procedural Posture

Appeal / Court of Appeal (civil Division) Judgment

Legal Issues

  1. 1 Whether claims for damages for injury to feelings by disabled air passengers are precluded by the exclusivity of the Montreal Convention
  2. 2 Whether the EC Disability Regulation and UK Disability Regulations create a separate or supplementary right to damages for such claims
  3. 3 Whether the Montreal Convention's temporal scope covers the injuries alleged

Ratio Decidendi

Claims for damages for injury to feelings by disabled air passengers, where the injury is sustained during the period governed by the Montreal Convention (boarding, flight, disembarkation), are precluded by the exclusivity of the Convention. The EC Disability Regulation and UK Disability Regulations do not create a separate right to such damages that overrides or supplements the Montreal Convention. Remedies for breaches of the Disability Regulations are limited to criminal and administrative sanctions, not civil damages.

Court Disposition

Appeals dismissed

Orders

  • Appeals by Mr Stott and Mr Hook dismissed; no damages for injury to feelings awarded.