Category Archives: Food Poisoning

The Package Travel Pre-action Protocol – Headlines for Practitioners

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

Holiday Sickness and Dishonesty: Two More Cases

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

This blog post considers two recent cases on holiday sickness and fundamental dishonesty: McLean v Thomas Cook Tour Operations Ltd (Unreported) 9 August 2017, Worcester County Court (which was touched on briefly by this blog in this post) and Caldwell v Thomas Cook Tour Operations Ltd (Unreported) 25 September 2017, Stockport County Court. Continue reading Holiday Sickness and Dishonesty: Two More Cases

Two Recent Holiday Sickness Decisions – Dishonesty and Alternative Causes

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

Introduction

We are grateful to James Candlin of 12 King’s Bench Walk for sending us copies of the judgments in two recent holiday sickness claims which he successfully defended at trial: Lavelle v Thomas Cook Tour Operators (Unreported) 10 July 2017, Liverpool County Court and Bartle v TUI UK Ltd (Unreported) 24 August 2017, Port Talbot County Court. Both judgments raise interesting points for practitioners in this area in relation to both dishonesty and causation. Continue reading Two Recent Holiday Sickness Decisions – Dishonesty and Alternative Causes

Wood & Anor v TUI Travel PLC T/A First Choice [2017] EWCA Civ 11 – Package Travel, Food Poisoning, SGSA 1982

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

This important package travel case represents a significant coup for claimants in the context of food poisoning cases. Although the package travel industry will be disappointed by the court’s decision, some comments in the judgment may suggest the imposition of a more demanding approach to establishing causation on the evidence. An earlier blog post considered in detail the arguments heard by the Court of Appeal; this post will consider the court’s judgment, handed down earlier today. Continue reading Wood & Anor v TUI Travel PLC T/A First Choice [2017] EWCA Civ 11 – Package Travel, Food Poisoning, SGSA 1982

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

Swift & Ors v Fred Olsen Cruise Lines [2016] EWCA Civ 785 – Food Poisoning, Athens Convention, Causation

This case comment is by Alex Carington of 12 King’s Bench Walk.

The case is a rare example of the Court of Appeal considering proper approaches to assessment of evidence, breach of duty and causation in the context of an outbreak of illness on a cruise ship. Continue reading Swift & Ors v Fred Olsen Cruise Lines [2016] EWCA Civ 785 – Food Poisoning, Athens Convention, Causation