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The sky's the limit

25 September 2008
Issue: 7338 / Categories: Features , Regulatory
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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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
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Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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