Ross v Ryanair Ltd. & Anor

Under Part III of the Disability Discrimination Act 1995, responsibility for providing airport access services may rest concurrently on the airport owner and the airline enabling passengers to use the relevant area. The transport exception does not apply merely because the service facilitates air travel where it concerns access between check-in and the gate, or between the arrival gate and baggage reclaim. Where access is unreasonably difficult, providers may be required to supply a reasonable alternative method or auxiliary aid. Such duties are owed to disabled persons as a class. A provider cannot avoid them by requiring the individual to pay for necessary wheelchair assistance. More favourable treatment of other disabled passengers does not prevent less favourable treatment of a disabled person with restricted mobility.

Robert Ross, who had cerebral palsy and arthritis and required wheelchair assistance to travel between check-in and the aircraft at Stansted Airport, was charged £18 on each of two journeys. Ryanair provided free assistance to passengers travelling with their own or a hired wheelchair but directed passengers without a wheelchair to a third-party provider for payment.

The Central London County Court found Ryanair liable under Part III of the Disability Discrimination Act 1995, awarded Mr Ross £1,336, and acquitted Stansted Airport Ltd. Ryanair appealed, contending that Stansted Airport Ltd was responsible; Mr Ross cross-appealed on the same issue. The central question was whether Ryanair, Stansted Airport Ltd, or both provided the relevant service and owed statutory duties to Mr Ross.

1. Disposition. Ryanair’s appeal was dismissed. The court declared that Stansted Airport Ltd also unlawfully discriminated against Mr Ross and ordered it to contribute 50% of Ryanair’s liability for damages and interest. Both defendants were 100% liable to Mr Ross.
2. Providers and transport exception. Both the airport owner and the airline provided the service of access to and use of the relevant airside parts of Stansted. Stansted permitted boarding-card holders to use those areas, while Ryanair’s boarding card enabled its passengers to obtain that access for their flights. The transport exception in section 19(5) of the Disability Discrimination Act 1995 did not apply because the services concerned airport access between check-in and the departure gate, and between the arrival gate and baggage reclaim, rather than use of a means of transport.
3. Reasonable alternative and auxiliary aid. The distance between check-in and the departure gate made access unreasonably difficult for disabled persons. The court held that the statutory combination identified in section 19(2)(a) and section 21(2)(d) required both providers to provide a reasonable alternative method of making the service available. A wheelchair was an auxiliary aid within section 21(4)(b), and it was reasonable for both defendants to provide one.
4. The duties under section 21 were owed to disabled persons as a class, not to an individual claimant. Mr Ross’s ability to pay was therefore irrelevant. There was no suggestion that providing wheelchairs without charge was impracticable given the defendants’ resources, and neither defendant relied on a justification defence under section 20. The policy of providing free assistance to wheelchair users while charging passengers with restricted mobility who did not have a wheelchair was less favourable treatment for a reason related to disability under section 20(1)(a).
5. Since claims under section 25(1) were treated as tort claims, the court could order contribution between jointly liable defendants. The equal contribution reflected the comparable responsibilities and failures of Ryanair and Stansted Airport Ltd.

1. Central London County Court: On 30 January 2004, Judge Crawford Lindsay QC found Ryanair liable for unlawful discrimination, awarded £1,336, and dismissed the claim against Stansted Airport Ltd.
2. Court of Appeal (Civil Division): The appeal was dismissed and Stansted Airport Ltd was declared jointly liable, with an order to contribute 50% of Ryanair’s damages and interest liability: [2004] EWCA Civ 1751.