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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.
Chair of the Bar Sam Townend KC encourages colleagues to take a proper break over summer and highlights recent events and key activities for autumn
Casedo explains how to hit the ground running on your next case with a four-step plan to transform the way you work
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In the first of a new series, Louise Crush of Westgate Wealth considers the fundamental need for financial protection
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Possibly, but many barristers are glad he did…
Britain needs to get over its shameful denial of racism, call it what it is and start to effectively deal with the problem, says Vithyah Chelvam
Sir Geoffrey Vos, Master of the Rolls and Head of Civil Justice since January 2021, is well known for his passion for access to justice and all things digital. Perhaps less widely known is the driven personality and wanderlust that lies behind this, as Anthony Inglese CB discovers
Stephen Mason sets out how the legal presumption, which exposed widespread misunderstanding about the nature of computer failures and caused serious widespread injustice, came into effect
Art, including music, should be protected as a fundamental form of freedom of expression and not used to unfairly implicate individuals, argues Ifẹ Thompson
Jasvir Singh trails this summer’s celebrations, open to all and with the theme ‘Free to Be Me’, by focusing on the diversity of South Asian heritage barristers and judges, and the trailblazers who led the way