A permanently paralysed airline passenger and wheelchair user suffered from double incontinence. He depended on his wife to manage his situation during flights. After booking flights, telephone requests were made of the airline for adjoining seats and the airline gave an assurance of such allocation. However, on their return flight adjoining seats were unavailable. In addition, on embarkation the wheelchair was overturned and the passenger fell to the floor. The passenger suffered embarrassment, humiliation and anger and continuing discomfort on the flight.

The passenger brought a claim under the UK Disability Regulation for a declaration that the respondent’s treatment of him was in breach of its duty under the EU Disability Regulation, in that it had failed to make all reasonable efforts to give his wife a seat next