All posts by James Beeton

X v Kuoni Travel Limited [2016] EWHC 3090 (QB) – Tour Operator Liability for Rape by Hotel Employee

William Audland QC of 12 King’s Bench Walk and Gary Tweddle of MB Law represented the Defendant in this case where the Claimant, who was raped by an employee of a Sri Lankan Hotel, sued the Defendant tour operator that had organised the package holiday.

The case comment is by John-Paul Swoboda of 12 King’s Bench Walk. Continue reading X v Kuoni Travel Limited [2016] EWHC 3090 (QB) – Tour Operator Liability for Rape by Hotel Employee

Wood & Anor v TUI Travel Plc T/A First Choice – Package Travel, Food Poisoning, SGSA 1982

On 22 November 2016, Elizabeth Boulden, a pupil at 12 King’s Bench Walk, attended the hearing at the Court of Appeal of this important case concerning the package tour operator’s liability for food poisoning suffered by customers as a result of defective food and drink supplied in the course of a package holiday. The case could have significant implications for the prevailing Antcliffe and Kempson strict liability reasoning in this area and the arguments aired in the Court of Appeal should therefore be of interest to both tour operators and travel law practitioners. Continue reading Wood & Anor v TUI Travel Plc T/A First Choice – Package Travel, Food Poisoning, SGSA 1982

Al-Saadoon & Others v Secretary of State for Defence [2016] EWCA Civ 811 – ECHR, Jurisdiction, art. 3, art. 5, UNCAT

This blog post is by James Beeton of 12 King’s Bench Walk.

This important case considered in detail a number of issues arising under the European Convention on Human Rights (“ECHR”): the scope of the Convention’s extra-territorial effect, investigative obligations under articles 3 and 5, and the impact of the UN Convention Against Torture (“UNCAT”) on investigative obligations under articles 2 and 3. The first part of this article will provide a brief outline of the facts and issues along with a commentary on the judgment; the second will consider the Court of Appeal’s approach to the specific issues in greater detail. Continue reading Al-Saadoon & Others v Secretary of State for Defence [2016] EWCA Civ 811 – ECHR, Jurisdiction, art. 3, art. 5, UNCAT

The Montreal Convention and Psychiatric Harm

This article is by Max Archer of 12 King’s Bench Walk.

The article considers the Montreal Convention: the regime governing the liability of air carriers to passengers in international carriage. The Convention is a well-worn route for passengers who have been injured aboard an aeroplane. Max considers the recourse available for claimants who have sustained psychiatric harm. Continue reading The Montreal Convention and Psychiatric Harm

Committeri v (1) Club Mediterranée SA (2) Generali Assurances Iard SA [2016] EWHC 1510 (QB) – Package Travel Regulations, Jurisdiction, Rome I, Rome II

This blog post is by James Beeton of 12 King’s Bench Walk.

This interesting jurisdictional dispute involved an examination of the nature of a package tour operator’s duty of care – is the duty contractual or non-contractual? The answer to this question raised corresponding issues as to the applicability and effect of Rome I and II. Continue reading Committeri v (1) Club Mediterranée SA (2) Generali Assurances Iard SA [2016] EWHC 1510 (QB) – Package Travel Regulations, Jurisdiction, Rome I, Rome II