In this blog post, Spencer Turner considers the case of TUI UK Limited v Lynn Morgan [2020] EWHC 9244 (Ch). The decision has significant implications for claims relating to package holidays.
In summary, Marcus Smith J considered that a Claimant was entitled to rely on a standard not applied in the locality as “a proxy for the local standards that were lacking in this case”. In particular:
Continue reading “High Court on package travel litigation: “local standards” evidence not always necessary”where the local standards are unclear, the court is not going to require the claimant to incur and waste time and expense in seeking to prove that which is vague, nebulous or non-existent. In such a case, the claimant is perfectly entitled to have resort to other material in order to establish that the obligation to exercise reasonable skill and care has been breached.