Cases on provision of services

Court of Appeal, 2004. Full judgment: bailii.org. Facts Mr Ross was charged for the provision of a wheelchair to get from the check-in point at Stansted airport to the plane. Ryanair argued amongst other things that its service was a transport service and therefore exempt under DDA s.19(5). It provided a transport service and anything … Read moreRoss v Ryanair

Following a stroke, the applicant had a disability which affected communication and mental functioning, and caused fatigue. A Crown Court dismissed his appeal against a criminal conviction. In the High Court, he argued successfully that the Crown Court’s dismissal of his appeal should be set aside, because he had not been given a fair hearing. … Read moreR v Isleworth Crown Court ex parte Murray King

This important decision emphasises that it can be direct discrimination to stereotype people, even if the stereotype has some truth to it. An individual should not be assumed to hold characteristics associated with the group, whether or not most members of the group do indeed have such characteristics, House of Lords, 2004. Full judgment: bailii.org. … Read moreR v. Immigration Officer at Prague Airport ex parte European Roma Rights Centre

Tasmanian Supreme Court (unreported, TasSC, 31 May 1994, Zeeman J). In this Australian case, a person who stammers was found guilty of assaulting his wife. His demeanour led the magistrate not to believe his evidence. On appeal, the Supreme Court found that his demeanour was at least in part due to his stammer, which the … Read moreCoombe v Bessell

Court of Appeal. [2000] 2 FCR 69. The applicant complained that she was being charged by her local authority for home care by reason of the fact she received disability living allowance. The receipt of DLA was a reason related to her disability (multiple sclerosis). She argued that this contravened Part 3 of the Disability … Read moreR v Powys County Council, ex parte Hambidge (No. 2)

House of Lords, 2000. Full judgment: bailii.org. The case of Phelps v Hillingdon Council involved a child had dyslexia. An educational psychologist failed to diagnose the dyslexia. Accordingly the child was not given education appropriate to her condition. The House of Lords upheld a decision that the educational psychologist owed a duty of care to … Read morePhelps v Hillingdon Council

House of Lords, 1990. Full judgment: bailii.org. The Council provided free swimming facilities for old age pensioners. The qualifying age was accordingly 65 for men and 60 for women. The House of Lords held that this was sex discrimination, regardless of motive. The test was objective. ‘But for’ his gender, a man of 61 like … Read moreJames v Eastleigh Borough Council