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25 September 2008
Issue: 7338 / Categories: Features , Regulatory
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The sky's the limit

Gwendolen Gwynn-Morgan highlights new rights for disabled air passengers

Disabled air passengers' rights were extremely limited until 26 July 2008. This is the date when EC Regulation 1107/2006: Rights of Disabled Persons and Persons with Reduced Mobility when Travelling by Air came into force fully (although Arts 3 and 4 came into force in July 2007). As an EU Regulation, it is directly applicable and directly effective, horizontally and vertically, in all member states and our domestic legislation must be read in harmony with it (which might just lead to a more generous interpretation of the ambit of DDA 1995, Pt 3 in the field of aviation).

Helpfully, the law has clarified the lines of responsibility between airports and airlines, a crucial point, which was at the heart of Ross v Ryanair [2004] EWCA Civ 1751, All ER (D) 333 (Dec). Now the onus of helping a passenger from airport entrance to plane is placed with the airport authorities, as opposed to the airlines, which take over during the flight (Recital 6 of the EC Regulation).

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MOVERS & SHAKERS

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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