Stott v Thomas Cook Tour Operators Ltd & Ors

Stott v Thomas Cook Tour Operators Ltd & Ors

Claims for compensation for injury to feelings by disabled passengers arising during carriage by air are precluded by the exclusivity of the Montreal Convention; EC Disability Regulation and UK Disability Regulations cannot override the Convention in this context; remedies for such claims are limited to criminal and administrative sanctions, not civil damages.

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
Civil Appeal / Court of Appeal Judgment
Outcome
Appeals dismissed
Legal Topics
Montreal Convention Exclusivity, EC Disability Regulation, UK Disability Regulations, Compensation for Injury to Feelings, Fundamental Rights, Discrimination
Aviation Law Disability Rights European Union Law Montreal Convention Exclusivity EC Disability Regulation UK Disability Regulations Compensation for Injury to Feelings Fundamental Rights +1 more

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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

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether claims for compensation for injury to feelings by disabled passengers are precluded by the exclusivity of the Montreal Convention
  2. 2 Whether EC Disability Regulation and UK Disability Regulations provide remedies inconsistent with the Montreal Convention
  3. 3 Temporal scope of Montreal Convention versus EC Disability Regulation

Ratio Decidendi

Claims for compensation for injury to feelings by disabled passengers arising during carriage by air are precluded by the exclusivity of the Montreal Convention; EC Disability Regulation and UK Disability Regulations cannot override the Convention in this context; remedies for such claims are limited to criminal and administrative sanctions, not civil damages.

Court Disposition

Appeals dismissed

Orders

  • No damages awarded for injury to feelings
  • Declaration of breach of EC Disability Regulation by Thomas Cook upheld