Regulation 19 Breach of obligations: duties owed to third parties

(1)

The obligation to comply with any requirement imposed on an airport operator by these Regulations is a duty owed to any person who may be affected by a contravention of that requirement.

(2)

Where a duty is owed by virtue of paragraph (1), the following are actionable by a person—

(a)

any breach of the duty which causes that person to sustain loss or damage, and

(b)

any act which, by inducing a breach of that duty or interfering with its performance, causes that person to sustain loss or damage and which is done wholly or partly for the purpose of achieving that result.

(3)

In any proceedings brought against any person in pursuance of paragraph (2)(a) in relation to an obligation arising under Part 3 of these Regulations it shall be a defence for that person to prove that he or she took all reasonable steps and exercised all due diligence to avoid contravening the obligation.