For the first time since the introduction of the Disability Discrimination Act 1995, a service provider has been ordered, by injunction, to make alterations to its premises to facilitate access for the disabled. Matt Grindley of stevensdrake reviews the case of Allen v Royal Bank of Scotland Group plc [2009] EWCA Civ 1213 and considers its future impact on UK businesses. Case Background: Mr Allen, who suffers from muscular dystrophy, opened a bank account with the Royal Bank of Scotland's main branch in Sheffield when he was 10 years old. Due to his condition, he is required to use a wheelchair. Access to the main entrance to the branch was by a flight of steps. Consequently, the branch was not wheelchair accessible and Mr Allen was forced to meet with an advisor in the street outside the bank to discuss his banking needs. Following Mr Allen's complaints, the Bank suggested that Mr Allen use other branches of the Bank elsewhere in the City and also offered Mr Allen the use of a telephone and internet banking services. Mr Allen launched legal proceedings against the Bank for damages for unlawful disability discrimination for failure to make reasonable adjustments (implement wheelchair access) at the branch. The bank had considered the option of installing a platform lift in the branch but did not go ahead as it would lose the use of one of its interview rooms. The trial Judge, in the first instance, gave judgment in favour of Mr Allen and held that the Bank had breached its duty to Mr Allen contrary to Section 90(1)(b) of the Disability Discrimination Act 1995 (the "reasonable adjustment" duty). The trial Judge also ordered the bank to install a platform lift and awarded Mr Allen damages for injury to his feelings of £6,500.00 The Bank appealed against the trial Judge's decision.

Decision Of The Court of Appeal

Impact Of The Decision