This blog post is the first in a mini-series concerning the collapse of Thomas Cook. Max Archer explores one of the potential alternative targets for litigants, namely credit card companies.
Read moreLatest news in X v Kuoni Travel Ltd (ABTA intervening) [2019] UKSC 37: interim judgment handed down by Supreme Court
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…
Read moreCommitteri v Club Mediterranée SA and Anor [2018] EWCA Civ 1889 – Package Travel, Rome I and II
In this blog, James Beeton of 12 King’s Bench Walk considers the decision in Committeri v Club Mediterranée SA [2018] EWCA Civ 1889, which was handed down yesterday. The case involved an appeal against the decision of Dingemans J ([2016] EWHC 1510 (QB) – considered in an earlier blog post here). It provides guidance on (i) the…
Read more12 KBW Middle-East Newsletter
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…
Read moreNovus Actus – Risk vs. Inconvenience – Philip Clay v TUI UK Ltd [2018] EWCA Civ
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…
Read moreThe 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…
Read moreX v Kuoni [2018] EWCA Civ 938 – the limits of tour operator liability
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.
Read moreThe Package Travel Regulations 2018: Key Points for PI Lawyers
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…
Read moreHoliday 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…
Read moreSlips and Trips: The Athens Convention 1974 and Package Travel Regulations
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…
Read more