Category Archives: Package Travel

Causation, Package Travel

Novus Actus – Risk vs. Inconvenience – Philip Clay v TUI UK Ltd [2018] EWCA Civ

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Mark Fanning of Miles Fanning Legal writes, in this guest blog, about his recent success in Philip Clay v TUI UK Ltd [2018] 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 [2018] EWCA Civ →

Food Poisoning, Package Travel

The Package Travel Pre-action Protocol – Headlines for Practitioners

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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 →

Package Travel, Vicarious Liability

X v Kuoni [2018] EWCA Civ 938 – the limits of tour operator liability

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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 [2018] EWCA Civ 938 which assesses the boundaries of tour operator contractual liability where the Package Travel Regulations apply. Continue reading X v Kuoni [2018] EWCA Civ 938 – the limits of tour operator liability →

Package Travel

The Package Travel Regulations 2018: Key Points for PI Lawyers

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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 →

Food Poisoning, Package Travel

Holiday Sickness and Dishonesty: Two More Cases

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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 →

Athens Convention, Package Travel

Slips and Trips: The Athens Convention 1974 and Package Travel Regulations

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In Jennings v TUI UK Limited (t/a Thomson Cruises) [2018] EWHC 82 (Admlty) on 13 November 2017 in the High Court of Justice, Admiralty Court, Alex Carington of 12 King’s Bench Walk, instructed by Mark Fanning of Miles Fanning Legal, appeared before the Admiralty Registrar Jervis Kay QC for the Defendant in a case considering the application of the Athens Convention for the Carriage of Passengers and their Luggage by Sea 1974 as amended by the 2002 Protocol (the “Athens Convention“) and the Package Travel, Package Holidays and Package Tours Regulations 1992 (the “Package Travel Regulations“).

In particular, the Court gave useful guidance on when “carriage” ended in the context of disembarking from a cruise ship into a modern port terminal: namely, as soon as the passenger stepped off the cruise ship onto a walkway operated by the Port Authority.

This blog post may be considered alongside our recent case study of the Court’s approach to a slipping injury claim brought under the Montreal Convention 1999. Continue reading Slips and Trips: The Athens Convention 1974 and Package Travel Regulations →

Food Poisoning, Package Travel

Two Recent Holiday Sickness Decisions – Dishonesty and Alternative Causes

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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 →