Source: All England Reporter
Publisher Citation: [2012] All ER (D) 60 (Feb)
Neutral Citation: [2012] EWCA Civ 66
Court: Court of Appeal, Civil Division
Judge: Maurice Kay VP, Sullivan LJ and Dame Janet Smith
Representation Robin Allen QC and Catherine Casserley (instructed by Equality and Human Rights Commission) for the claimants.
  John Kimbell (instructed by Customer Legal Department, Thomas Cook Tour Operations Ltd) for TC.
  John Kimbell (instructed by DLA Piper UK LLP) for BA.
  Kassie Smith for the Intervener
Judgment Dates: 7 February 2012

Catchwords

Carriage by air - Carriage of passengers - International carriage - Duty of carriers - Disabled passengers sustaining injury to feelings whilst travelling - Actions brought by disabled passengers being struck out or failing to achieve award of damages - Passengers appealing - Whether passengers actions transgressing principle of exclusivity - Regulation (EC) No 889/2002 - Montreal Convention, arts 17, 29.

The Case

Carriage by air Carriage of passengers. The Court of Appeal, Civil Division, held that the claimants' case was unsustainable given that the Montreal Convention had exclusivity in domestic law. The real injuries to their feelings, sustained whilst travelling by air, had been sustained at times when the Montreal Convention had governed their situations. Its exclusivity both provided and limited their rights and remedies. Accordingly, their claims for compensation for injury to feelings could not succeed.

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