PART 2Relationship between the European Regulation and other passenger rights

CHAPTER 3Rights of disabled persons and persons with reduced mobility

Compensation claims by disabled persons and persons with reduced mobility11.

(1)

A claim by a disabled person or a person with reduced mobility for an infringement of any of his or her rights as such a person under the European Regulation may be made the subject of civil proceedings in the same way as any other claim in tort or (in Scotland) in reparation for breach of statutory duty.

(2)

For the avoidance of doubt, any damages awarded in respect of any infringement of the rights of disabled persons and persons with reduced mobility under the European Regulation may include compensation for injury to feelings whether or not they include compensation under any other head.

(3)

Proceedings in England and Wales may be brought only in a county court.

(4)

Proceedings in Scotland may be brought only in a sheriff court.

(5)

The remedies available in such proceedings are those which are available in the High Court or (as the case may be) the Court of Session.

(6)

Subject to paragraphs (7) and (8), a county court or a sheriff court is not to consider a claim under this regulation unless proceedings in respect of it are instituted before the end of the period of six months beginning when the infringement complained of occurred.

(7)

Where, in relation to proceedings or prospective proceedings under this regulation, the dispute concerned is referred to conciliation in pursuance of arrangements under section 27 of the Equality Act 200615 before the end of the period of six months mentioned in paragraph (6), the period allowed by that paragraph is to be extended by three months.

(8)

A court may consider any claim under this regulation that is out of time if, in all the circumstances of the case, it considers that it is just and equitable to do so.