The claimants were disabled and, despite promises, had not had their seating needs met when flying with the defendants. Judges: Maurice Kay LJ VP CA, Sullivan LJ, Janet Smith Dame Citations: [2012] EWCA Civ 66 Links: Bailii Statutes: Regulation (EC) No 1107/2006, Civil Aviation (Access to Air Travel for Disabled Persons and Persons with Reduced … Continue reading Stott v Thomas Cook Tour Operators Ltd and Another: CA 7 Feb 2012
The court was asked whether the provisions of paragraph 33(2) of Schedule 3 to the 2010 Act excluded the application of the duties contained in section 29 of the 2010 Act to the provision of airport services at an airport outside the European Union (EU). Vos, McCombe, Longmore LJJ [2014] EWCA Civ 1668, [2014] WLR(D) … Continue reading Campbell v Thomas Cook Tour Operations Ltd: CA 30 Oct 2014
ECJ Carriage by air – Regulation (EC) No 261/2004 – Articles 5, 6 and 7 -Compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights – Validity – Interpretation of Article 234 EC Judges: V Skouris, P Citations: C-344/04, [2006] EUECJ C-344/04, Times 16-Jan-2006, [2006] ECR … Continue reading Regina, ex parte International Air Transport Association, European Low Fares Airline Association v Department for Transport: ECJ 10 Jan 2006
The claimant’s flight had been delayed for six hours. The airline said that the claim having been made outside the two year period applicable under the Montreal convention, no compensation was payable. Held: The claimant’s appeal failed. ‘We are bound to follow and apply the decisions of the European Court in relation to the nature … Continue reading Dawson v Thomson Airways Ltd: CA 19 Jun 2014
The Court was asked whether a person may recover damages for discomfort and injury to feelings caused by a breach of the 2007 Regulations, which implement EC Regulation No. 1107/2006. The disabled passenger claimant alleged failure by the defendant air carrier to make reasonable efforts to provide his seating needs. Held: Such a claim was … Continue reading Stott v Thomas Cook Tour Operators Ltd: SC 5 Mar 2014
