Stott v Thomas Cook Tour Operators Ltd
[2014] UKSC 15
Independent editorial summary — not the official judgment. Read the full judgment via the source link.
Ratio Decidendi
The exclusivity rule in article 29 of the Montreal Convention bars any action for damages, however founded, arising from events on board an aircraft or in the course of embarkation or disembarkation. A claim for injury to feelings caused by a breach of disability access regulations during embarkation and flight therefore cannot be compensated, whatever domestic regulations provide.
Facts
Mr Stott, who is paralysed from the shoulders down and a permanent wheelchair user, booked flights with Thomas Cook and was assured he would be seated next to his wife, on whom he depends for his care. On the return flight they were not seated together, his wheelchair overturned as he boarded, and his wife had to kneel or crouch in the aisle to attend to his needs during the flight. The trial judge declared the airline in breach of the UK Disability Regulations and would have awarded £2,500 for injury to feelings, but held the Montreal Convention gave him no power to do so.
Judgment Summary
The Supreme Court unanimously dismissed Mr Stott's appeal. Because the ill-treatment forming the gravamen of his claim occurred during embarkation and flight, it fell squarely within the temporal and substantive scope of the Montreal Convention, and article 29's exclusivity provision barred the damages claim under the UK Disability Regulations. The declaration of breach stood, but no compensation could be awarded; Lord Toulson and Lady Hale both regretted the result and suggested the Convention's contracting parties should address the gap.
Key Quotes
"Article 29 is the rock on which Mr Stott’s claim for damages foundered."
— Lord Toulson at [32](verbatim, verified against the judgment)
"The Convention is intended to deal comprehensively with the carrier’s liability for whatever may physically happen to passengers between embarkation and disembarkation."
— Lord Toulson at [61](verbatim, verified against the judgment)
Subsequent Treatment
Leading UK authority on Montreal Convention exclusivity, applied to bar damages claims arising from events on board or during embarkation and disembarkation.
What To Do Next
Get Professional Help