Category Archives: Package Travel

The Bolam test in package travel cases

This blog post is by Nick Parkinson, a solicitor at Travlaw LLP.

Nick considers the case of Morris v TUI UK Limited (Unreported) Wrexham County Court, 31 May 2019. This is the first known instance of the courts applying the ‘Bolam test’ (Bolam v Friern Hospital Management Committee [1957] 1 WLR 582) in relation to accidents abroad under the Package Travel Regulations. Although it was not decisive in this case, the potential implications are significant. Will Claimant local standards experts have to confirm that a supplier’s practices do not fall within a reasonable body of opinion if the point is taken? This may not be easy, particularly in cases with more “fluid” standards than building regulations or statutory codes of practice. Continue reading The Bolam test in package travel cases

Thomas Cook mini-series – (3) a new statutory compensation scheme?

Yesterday, Business Secretary Andrea Leadsom made an oral statement concerning Thomas Cook to the House of Commons.

Noting that Thomas Cook had self-insured in respect of all but the most serious personal injury claims, she announced that, after the imminent general election, the government intended to set up a statutory compensation scheme for those left without redress.

The key features of the scheme described are:

  • It will be “a capped fund, sufficient to ensure there is support for those customers facing the most serious hardship as a result of injuries or illness for which UK-based Thomas Cook companies would have been liable”.
  • Measures will be developed to ensure the scheme only responds to genuine claims.
  • The scheme will not consider “routine claims covering short-term problems”.

The full text of the statement is available here.

Thomas Cook mini-series – (2) Alternative avenues for claimants

This blog by Philip Mead forms part of a series on the aftermath of the collapse of the package holiday provider Thomas Cook. A previous blog covers the rights of injured claimants to pursue a remedy where a purchase was made with a credit card. Philip assesses other possible avenues against alternative defendants. Continue reading Thomas Cook mini-series – (2) Alternative avenues for claimants

Latest news in X v Kuoni Travel Ltd (ABTA intervening) [2019] UKSC 37: interim judgment handed down by Supreme Court

The Supreme Court has today handed down an interim judgment in X v Kuoni Travel Ltd (ABTA intervening).

The effect of the judgment is to make a preliminary reference to the Court of Justice of the European Union (CJEU) requesting clarification of principles of EU law.

The response of the CJEU will determine the approach that is appropriate to package travel cases brought under the 1992 Regulations concerning criminal acts by employees of hotels and other suppliers of holiday services.

William Audland QC, Nina Ross and Achas Burin of 12 King’s Bench Walk appear in the case on behalf of the Respondent upon instructions from Gary Tweddle at MB Law.

The interim judgment can be found here: https://www.supremecourt.uk/cases/docs/uksc-2018-0102-judgment.pdf

The Supreme Court press release can be found here: https://www.supremecourt.uk/cases/docs/uksc-2018-0102-press-summary.pdf Continue reading Latest news in X v Kuoni Travel Ltd (ABTA intervening) [2019] UKSC 37: interim judgment handed down by Supreme Court

Committeri v Club Mediterranée SA and Anor [2018] EWCA Civ 1889 – Package Travel, Rome I and II

In this blog, James Beeton of 12 King’s Bench Walk considers the decision in Committeri v Club Mediterranée SA [2018] EWCA Civ 1889, which was handed down yesterday. The case involved an appeal against the decision of Dingemans J ([2016] EWHC 1510 (QB) – considered in an earlier blog post here).

It provides guidance on (i) the characterisation of claims as contractual or non-contractual for the purposes of Rome I and Rome II and (ii) the circumstances in which it is acceptable to challenge the agreed evidence of foreign law experts. Continue reading Committeri v Club Mediterranée SA and Anor [2018] EWCA Civ 1889 – Package Travel, Rome I and II

12 KBW Middle-East Newsletter

The International & Travel team at 12 KBW recently produced a Middle-East Newsletter containing a number of articles that may also interest the readers of this blog.

The articles concern the 2017 Gulf crisis and its impact on regional aviation, the Package Travel and Linked Travel Arrangements Regulations 2018, delayed and cancelled flight claims, and DIFC employment law.

The Newsletter is available at the link below:

12 KBW Middle-East Newsletter