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After several years of delays the Personal Data Protection Act B.E. 2562 (2019) ("PDPA") came into force in Thailand on 1 June 2022. Since then, on 20 June 2022, subordinate legislation (the "Notifications") under the PDPA was issued by the Personal Data Protection Committee ("PDPC") and published in the Royal Thai Government Gazette.
These Notifications are intended to set out the various criteria and rules, as well as much needed guidance and clarification, of some key requirements under the PDPA.
In the wake of COVID-19, what is considered as unavoidable and extraordinary circumstances (UECs) has become simultaneously more relevant and less clear. In this article, we delve into what situations are likely to meet the threshold of UECs in the context of COVID-19, what customers’ rights are in these circumstances and what travel companies can do to help.
A roundup of recent court decisions raising issues relating to avoidance of employers’ liability policies, care workers making arrangements to pay for the services of a sex worker, the ‘tort gateway’ and accidents abroad, occupiers’ liability relating to trespassers, ‘uncontroverted’ expert evidence, a landmark Supreme Court decision on QOCS, and workplace traumatic brain injury.
In the personal injury arena, a defendant is often left picking up their own costs tab due to the application of QOCS. There are some exceptions to QOCS, of which a finding of fundamental dishonesty is one, but what is the position when the claim is fundamentally dishonest but this has been facilitated by improper, unreasonable and/or negligent conduct of the claimant’s own legal representatives?
Case review 20-10-2021
The Supreme Court has handed down its judgment on this tragic and long standing case - FS Cairo v Brownlie.
Case review 07-10-2021
Today, the Court of Appeal handed down its judgment addressing a fundamental question: what is the proper approach of the court towards ‘uncontroverted’ expert evidence?
A roundup of recent court decisions raising issues relating to fatal accident claims, tour operator liability, the law on primary victims in Scotland, and whether or not to plead fundamental dishonesty.
Case review 30-07-2021
The Supreme Court has spoken. X’s appeal has been allowed. It has been decided that a tour operator can be found liable in contract, under the Package Travel, Package Holidays and Package Tours Regulations 1992, for the non-performance or “improper performance” of the obligations it has undertaken, even in a situation where those failures are the result of acts or omissions of employees of a third party supplier of services.
As the vaccination effort gains momentum, UK Government ministers are already setting targets for overseas travel. To date, over 30 million people in the UK have received the first dose of the vaccination resulting in calls for a ‘vaccine passport’ (or ‘COVID health certificate’), among others, to be implemented giving the travel industry a chance to begin its recovery process.
Case review 06-04-2021
The ‘sphere of control’ – CJEU considers tour operator liability for the criminal acts of hotel employees
X v Kuoni Travel Limited (ABTA intervening) [18.03.21] - The case relates to whether a travel operator is liable in contract, under the Package Travel, Package Holidays and Package Tours Regulations 1992 (the Regulations) for a sexual assault that occurred at a hotel when the claimant (X) was on holiday in Sri Lanka in July 2010.