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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.
We are pleased to again report a record turnover of £264m, an increase of 11% on the previous year (£238m).We have also increased the number of fee earners globally by 10%, taking the firm’s overall headcount to in excess of 2,300
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.
The COVID-19 pandemic and Brexit have brought many challenges and changes to the way travel organisers have planned and operated their businesses over the past 12 months. Whilst the Brexit deadline for a deal has been and gone, its effects are still very much with us as businesses now need to work through the ramifications of the Trade and Cooperation Agreement (TCA) on their UK and overseas operations.
When booking school trips, it is important to consider the legal definition of a “package” holiday. Failing to do so could result in travelling without legal and financial protection. In this article we consider how the definition of “package” holiday has widened, what now constitutes a “package” and how this applies in practice.
Our research identified five key risk themes that have implications and represent both challenges and opportunities for businesses, insurers, and wider society. This will assist in moving the conversation forward as we look beyond COVID-19, highlighting the important need to reshape the dynamic relationship between companies, households, and insurers.
Kennedys is celebrating 20 years in Hong Kong, and is also moving to new offices.
A roundup of recent court decisions raising issues relating to calculation of accommodation claims, uncontroverted expert evidence, withdrawal of admissions, the effect of liquidation and restoration on limitation periods, withdrawal of Part 36 offers, striking out of claims, and fundamental dishonesty.