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Carriage by air – Carriage of passengers. The claimant wheel chair user issued proceedings for a declaration that the defendant tour operator and air carrier's treatment of him was in breach of its duty and damages for injury to his feelings. The judge granted the declaration, but found he was precluded from awarding damages by the Convention for the Unification of Certain Rules for International Carriage by Air. The Court of Appeal, Civil Division, upheld the judge's decision and the claimant appealed. The Supreme Court, in dismissing the appeal, held that the facts pleaded and found established that the claimant's claim had been squarely within the temporal scope of the Convention. Further, a claim for general damages for ill treatment in breach of equality laws or failure to provide properly for the needs of a disabled passenger should not be regarded as outside the substantive scope of the Convention.
Carriage by air – Carriage of passengers. The claimant wheel chair user issued proceedings for a declaration that the defendant tour operator and air carrier's treatment of him was in breach of its duty and damages for injury to his feelings. The judge granted the declaration, but found he was precluded from awarding damages by the Convention for the Unification of Certain Rules for International Carriage by Air. The Court of Appeal, Civil Division, upheld the judge's decision and the claimant appealed. The Supreme Court, in dismissing the appeal, held that the facts pleaded and found established that the claimant's claim had been squarely within the temporal scope of the Convention. Further, a claim for general damages for ill treatment in breach of equality laws or failure to provide properly for the needs of a disabled passenger should not be regarded as outside the substantive scope of the Convention.
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