O’Carroll v Ryanair 2009 SCLR 125O, a married couple, successfully claimed against Ryanair in the Sheriff Court for a 48 hour delay in delivery of their luggage. The sheriff awarded £215 in compensation for out of pocket expenses and £535 for stress and inconvenience. R appealed on grounds that the latter was excluded by the Montreal Convention (implemented in the UK by the International Carriage by Air Act 1999) as this amounted to exemplary or non-compensatory damages. The Sheriff Principal rejected the appeal. The £ 535 damages for stress and inconvenience were plainly compensatory under the Law of Scotland and did not amount to punitive damages, which Scots Law does not permit
