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”

Chelton v Acromas Holidays Ltd t/a Saga Holidays – Package Travel, Local Standards

James Candlin of 12 King’s Bench Walk acted for the Defendant in this action arising out of personal injuries that Mrs Chelton sustained on 26 September 2013 in the course of a river cruise package holiday provided by Saga. Recorder Browne-Wilkinson QC gave judgment dismissing the Claimant’s claim. The case provides a useful illustration of the risk of relying solely upon legal experts at the expense of local specialists in the relevant field when seeking to establish local standards. Continue reading “Chelton v Acromas Holidays Ltd t/a Saga Holidays – Package Travel, Local Standards”