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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?
Article 14/09/2021
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.
Article 30/04/2021
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
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.
Article 08/03/2021
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.
Article 10/02/2021
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.
Report 06/01/2021
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.
Article 02/11/2020
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.
