Duty on service providers not to discriminate did not require restaurant to allow takeaways

Edwards v Flamingo Land Ltd is a Court of Appeal case on the duty on service providers not to discriminate on the grounds of a customer’s disability. The case was brought under the Disability Discrimination Act, but the law is the same under the Equality Act.

The respondent operated a theme park which included a restaurant and bar area. While at the theme park, the claimant (who had Down’s syndrome and autism) and her family wanted to have a meal. They sat at a picnic bench adjacent to the restaurant’s outside seating area. The claimant’s parents were told that they could not be served in the picnic area and, when they offered to carry the food outside, they were prevented from doing so by the manager. They attempted to explain that, because of their daughter’s disabilities, it would upset her if she had to move but were asked to leave.

The claim that the restaurant had failed to comply with the duty to make reasonable adjustments for a customer with a disability succeeded before the district judge but was overturned on appeal, where it was found that the parents had failed to explain adequately at the time why their daughter could not move…

If you are registered and logged in to the site, click on the link below to read the rest of the Hogan Lovells briefing. If not, please register or sign in with your details below.

Sign in or Register to continue reading this article

Sign in


It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer


Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.


Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.


Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.

Briefings from Hogan Lovells

View more briefings from Hogan Lovells

Analysis from The Lawyer

View more analysis from The Lawyer


Atlantic House
Holborn Viaduct

Turnover (£m): 1,098.00
No. of lawyers: 2,313 (UK 200)
Jurisdiction: UK
No. of offices: 8
No. of qualified lawyers: 219 (International 50)
No. of partners: 56