The Montreal Convention 1999: the rock on which a claim for injury to feelings foundered
On 5 March 2014, the Supreme Court handed down its judgment in Stott v Thomas Cook Tour Operators Ltd. While the decision is broadly unsurprising, it provides a welcome affirmation for airlines of the substantive and temporal scope of the Montreal Convention 1999 and affords a degree of clarity in respect of the interplay between the exclusivity of the convention and EU law. Further, the decision may have significant international influence if, as anticipated, it is treated as persuasive in the pending appeal of the similar case of Michel Thibodeau v Air Canada, in which judgment is expected to be handed down by the Canadian Supreme Court within the next six months.
The appeal before the Supreme Court, which attracted significant global interest, was brought by Mr Stott, supported by the Equality and Human Rights Commission, with the Secretary of State for Transport acting as intervener.
Mr Stott brought proceedings against Thomas Cook for discomfort and injury to feelings as a result of its failure to meet his seating needs on board a flight from Zante, Greece, to East Midlands Airport, UK, in 2008. Mr Stott, who is paralysed from the shoulders down and requires the permanent use of a wheelchair, arranged with Thomas Cook to be seated next to his wife on his outbound journey to Greece and return so that she could attend to his personal needs during their flights. On the return journey, Mr Stott was seated separately from his wife, who encountered significant difficulty attending to him during the three-hour, 20-minute journey…
Click on the link below to read the rest of the DLA Piper briefing.
Sign in or Register to continue reading this article
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
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
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.
News from DLA Piper
News from The Lawyer
Briefings from DLA Piper
The Australian Taxation Office released a draft ruling on the Goods and Services Tax treatment of bitcoin transactions on 20 August 2014.
DLA Piper’s ‘Life sciences: patent extension strategies and antitrust global update’ video covers global antitrust and competition issues including product hopping and reverse payment patents.
Analysis from The Lawyer
Cross-border work and political tensions are dominating this year’s entries for Finance Team of the Year at The Lawyer Awards.
Regulators are ramping up the pressure in the aftermath of recession, leaving firms to compete for compliance and restructuring work