THE Court of Appeal has ruled against two disabled people who sued for distress caused during a flight.

Apparently, under the Montreal Convention on air travel, there is no requirement, once the wheels have left the Tarmac, to treat passengers with dignity. Frequent flyers on no-frills airlines may already know this.

Lawyers say the ruling removes any obstacles to the imposition of a surcharge on obese customers. It is only a matter of time before low weight becomes a prerequisite for low fare.

How will the fare system work? It will be too complicated to use body mass index or waist-to-hip ratio. So expect a surcharge on a sliding scale for anyone weighing more than 100 kilos.

This is bad news for those who are tall but not obese. But good news for small, thin people who can avoid excess baggage charges by wearing five layers of clothing including a large coat with poacher's pockets.

Checks at the departure gate will be rigorous. The existing process of weighing carry-on luggage and making sure it fits the metal-frame device will continue.

Passengers who are borderline chubby will also have to step on to scales. Then sit in an airplane seat to prove they fit without ripples of fat overflowing into the adjacent passenger's space. (Budget airlines will have a £10 surcharge for those who wish to be weighed in privacy behind a screen.) The going rate for excess weight is up to £20 a kilo. To avoid hefty charges at the airport, passengers will be able to declare and pay for extra avoirdupois when booking online. There will be the option for the extremely broad-beamed to purchase two seats.

There will be a requirement not to be above the declared weight on the day of departure. Another incentive to go on that diet before the holidays.