Legal Cases

Mr R is blind. He was refused entry to a local restaurant in the Midlands with his assistance dog.

Once the restaurant owner realised that he was in breach of the DDA, he agreed to pay compensation of £500, to change his policy on the admission of assistance dogs and to advertise that change in the restaurant window.

This was one of many cases involving disabled people being refused entry to restaurants and pubs with assistance dogs.

Mr F uses a wheelchair. He was refused entry to a restaurant in Edinburgh.

The sheriff court found the restaurant in breach of Part 3 of the DDA and awarded Mr F £400 compensation.

This is an example of a Sheriff court ruling that a service provider is liable for breaching Part 3 of the DDA.

Ms P uses a wheelchair. She went for a night out with three colleagues. She was asked to leave the restaurant because her wheelchair was getting in the way of staff and other customers.

The County Court decided the restaurant was in breach of the DDA and awarded Ms P £1,000 compensation.

This is an example of relatively big compensation for injury to feelings.

Mr H has a skin condition that causes blisters on his hands and neck. He was told to leave a nightclub in Kent because staff said he might offend other customers who would not want to use the same glasses as he did.

The nightclub accepted that it was at fault and agreed to pay £2,000 compensation.

This is an example of direct prejudice arising from a disfiguring skin condition, and a significant settlement.

Ms D has spina bifida and uses sticks to support herself. She was enjoying a night out at a club in South Yorkshire. Whenever she wanted to use the adapted toilet, she had to ask staff behind the bar for the key. At first it was fine, but the second time, Ms D had to wait half an hour until the key was found.

The club accepted that it had treated Ms D badly and agreed to pay £800 compensation.

This is an example of a club realising that its arrangements for and attitudes towards disabled people caused upset that could have been avoided.

Ms P has a severe speech impediment. She was refused service at her local pub because the bar staff thought that she was drunk. She was also subjected to derogatory and insulting remarks.

The case was referred to formal conciliation, which lasted an hour, with the bar manager and the licensee. There was a complete lack of understanding at the start. Then gradually, the bar manager who had thrown Ms P out of the pub, overcame his unfamiliarity with the way she spoke and by the end of the meeting they were discussing issues easily. The bar manager realised he had been at fault and apologised. He also accepted an instruction from the licensee to attend disability equality training and to pass on what he had learned to other staff.

This is a clear example of a complete misunderstanding leading to humiliating treatment of a disabled person, and of conciliation bringing about insight and a complete change of heart. Once again, conciliation was free to both parties and much quicker than a court.

Mr L uses a wheelchair. A holiday company advised him that, if he wanted to spend his West Country holiday in a caravan big enough for his wheelchair, he would have to pay extra.

The holiday company agreed to pay £1,500 compensation to Mr L, and to display its disability policy on its website and at all its holiday parks.

This is an example of a large holiday company accepting that its terms for disabled people were not fair.

Mr L uses a wheelchair. He booked a room in a hotel that was part of a large international chain. He needed a bed for himself and another bed for his personal assistant. All the accessible rooms had only double beds. Mr L was told he would have to pay for the additional room for his personal assistant.

The case was referred to conciliation. A local member of staff and a manager from its European headquarters represented the hotel chain. It agreed to change its booking procedures so that there was no repeat of Mr L's experience anywhere in the European chain. Staff would also be given better training on disability issues. The chain also agreed to look at installing shower chairs. It also paid £1000 compensation to Mr L.

This is an example of conciliation achieving more than is likely through the civil courts, at no cost to both sides and in a much shorter time. Policy was changed not only in the UK but also in Europe. The issues went beyond the particular case and Mr L was able to suggest innovations that the chain was glad to consider.

Mrs D has a neurological condition that makes her hand shake. The agents of a big utility supplier refused to accept her signature on a contract. They insisted on getting a counter-signature from a neighbour and didn't even tell Mrs D first.

The county court ruled that the company was in breach of the DDA and ordered it to pay £850 compensation.

This is an example of a county court ruling that a service provider is liable for breaching Part 3 of the DDA.

Mr P uses a wheelchair. A friend had to come with him if he wanted to attend a certain rugby union ground in Scotland. He also had to pay for the extra seat, albeit at a reduced rate, and he had to join the disabled fans' register. Even then Mr P could not have the seat he wanted, because the best seats were reserved for people who had become disabled while playing rugby. He was also unable to buy tickets on the website and could not benefit from special ticket offers.

The rugby club agreed to change its arrangements for disabled people and to introduce disability equality training for its staff.

This is an example of a common situation that was put right through a major sports ground in Scotland making a simple change in its procedure.