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)  UKSC 37: interim judgment handed down by Supreme Court
In this blog, James Beeton of 12 King’s Bench Walk considers the decision in Committeri v Club Mediterranée SA  EWCA Civ 1889, which was handed down yesterday. The case involved an appeal against the decision of Dingemans J ( 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  EWCA Civ 1889 – Package Travel, Rome I and II
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
Mark Fanning of Miles Fanning Legal writes, in this guest blog, about his recent success in Philip Clay v TUI UK Ltd  EWCA Civ where Ronald Walker QC of 12 King’s Bench Walk and Mark Fanning represented the Respondent.
The Court of Appeal gave judgment in favour of the Respondent in an interesting case considering the liability of a tour operator under the Package Travel, Package Holidays, and Package Tours Regulations 1992 (the “Package Travel Regulations”) for injury to the Appellant after a balcony fall. Continue reading Novus Actus – Risk vs. Inconvenience – Philip Clay v TUI UK Ltd  EWCA Civ
In this blog post, James Beeton of 12 King’s Bench Walk sets out the key features of the new Pre-action Protocol for the Resolution of Package Travel Claims. The main points to note are: (i) the extension to gastric illness claims of the fixed recoverable costs regime in Part 45, (ii) a prescriptive system of claims notification and response, (iii) accelerated disclosure obligations (including potentially onerous disclosure requirements on defendants) and (iv) confirmation that an expert medical report from a GP followed by Part 35 questions is likely to continue to represent the totality of the expert evidence in the vast majority of cases. Continue reading The Package Travel Pre-action Protocol – Headlines for Practitioners
In this blog Max Archer of 12 King’s Bench Walk analyses the recent decision of the Court of Appeal in X v Kuoni Travel Ltd  EWCA Civ 938 which assesses the boundaries of tour operator contractual liability where the Package Travel Regulations apply. Continue reading X v Kuoni  EWCA Civ 938 – the limits of tour operator liability
This blog post is by James Beeton of 12 King’s Bench Walk.
James looks at the effect of the recently released draft of the new Package Travel and Linked Travel Arrangements Regulations 2018. In substance, the Regulations implement the provisions of the New Package Travel Directive (Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC).
The key points for personal injury practitioners are as follow. Continue reading The Package Travel Regulations 2018: Key Points for PI Lawyers