Christmas Break
There will be no posts during the Inner Temple Library’s Christmas closure period which starts at 2pm on 21st December. We will resume posting on 4th January 2021.
Happy Christmas and thanks for reading!
Category: holidays
LoveHolidays to refund £18m for cancelled holidays – BBC News
‘LoveHolidays, one of the UK’s biggest online travel agents, has been ordered to refund £18m to more than 40,000 customers after their trips were cancelled due to the coronavirus outbreak.’
BBC News, 15th December 2020
Source: www.bbc.co.uk
Westergate primary school snooping-accused teacher cleared – BBC News
‘A teacher who spoke out about alleged “overgrading” of pupils’ work has been cleared of snooping on her colleagues’ emails.’
BBC News, 29th September 2020
Source: www.bbc.co.uk
Expanded Scope to the Package Holidays Regulations: An Overview – 33 Bedford Row
‘The package travel industry is going through unprecedented times, however, there may be some positive signs on the horizon. Travel is likely to return and, as Augustine of Hippo said, the world is a book and those who do not travel only read one page. Taking a long term view, it might be said that, in keeping with Augustine’s description of the world, people will continue to read as many pages as possible, because normally, holiday travel is a key event in most people’s annual calendar. It is estimated that 9 in 10 people from the UK went on a holiday in 2019 and in the same year, outbound travel contributed £37.1Bn to the UK economy.’
33 Bedford Row, 6th July 2020
Source: www.33bedfordrow.co.uk
Triplerose Limited v Beattie and Beattie [2020] UKUT 180 (LC) – Tanfield Chambers
‘A lease that contains a covenant against use other than as a private dwellinghouse is breached where the tenant opts to let the property out on short term lets through sites such as Airbnb and Booking.com. However, where the tenant still makes regular use of the property as a residence in and around those bookings, the tenant will not be in breach of a separate covenant not to carry on a business from the property (as distinct from a covenant not to use the property for a business).’
Tanfield Chambers, 30th June 2020
Source: www.tanfieldchambers.co.uk
Use as a Private Dwelling House Does Not Include Shortterm Holiday Lets – St Ives Chambers
‘Many property owners are taking advantage of new technology to advertise short term stays at their properties on various platforms. Two of the most common are Airbnb and Booking.com. Changes to the tax relief available on buy to let mortgages has also caused a move towards Furnished Holiday Lettings.’
St Ives Chambers, June 2020
Source: www.stiveschambers.co.uk
The Coronavirus Job Retention Scheme: more holiday cancellations? – Littleton Chambers
‘David Reade QC and Daniel Northall provide their fourth update on the Coronavirus Job Retention Scheme and examine the relationship between furlough and annual leave.’
Littleton Chambers, 5th June 2020
Source: littletonchambers.com
Guidance on making staff take holiday during the Coronavirus outbreak – Cloisters
‘In this article, Declan O’Dempsey considers the implications of the Guidance issued by the government on 13 May 2020 on holiday entitlement and pay during coronavirus (Covid-19) and urges employers to use considerable caution in seeking to follow the Guidance ordering workers to take annual leave on dates specified by the employer. Employers who choose to order staff to take holidays on specific dates within the Coronavirus outbreak shut down may face contractual or tribunal claims later. Further, the legal uncertainty may mean that they will face claims for penalising those who assert a right to take annual leave at a non-Covid 19 affected time or who refuse to take the leave as annual leave.’
Cloisters, 19th May 2020
Source: www.cloisters.com
Travel and Holiday Claims amid a Global Lockdown – Henderson Chambers
‘The world-wide lockdown in response to the Covid-19 pandemic will have an unprecedented financial impact, not only on businesses in all areas of the economy but also on consumers. Public gatherings are banned or strictly limited and events have been cancelled or postponed. Future travel plans remain uncertain, with the borders of many other countries remaining closed to travellers from the UK and strict 14-day quarantine measures set to be imposed on those entering the UK from the end of May. Many companies are refusing or delaying offering refunds to affected consumers, who may have to resort to litigation to protect their rights. This alerter provides a broad overview of several affected areas, including package holidays, travel, holiday accommodation and events.’
Henderson Chambers, 19th May 2020
Source: www.hendersonchambers.co.uk
Coronavirus: What powers do the police have? – BBC News
‘Boris Johnson has changed the lockdown rules in England, allowing people to spend more time outdoors.’
BBC News, 13th May 2020
Source: www.bbc.co.uk
Holiday Claims And COVID-19: What Options Do You Have If Your Travel Plans Are Disrupted? – 3PB
‘On 23rd March 2020 the UK government went into lockdown in an attempt to curb the spread of Covid-19 in the country. The Foreign and Commonwealth Office has advised British people against all non-essential travel abroad due to unprecedented border closures. In relation to cancelled travel plans, the FCO further advised travellers to get in touch with their airline, travel company, or other transport and accommodation provider, or their insurer. However, recent reports in the media suggest that some holidaymakers who have requested refunds have instead been offered credit notes, or deferred bookings. Many are, of course, concerned that deferred bookings might not suit them due to inability to travel at a later stage, or where credit notes have been offered, that these might not be viable if the companies go bankrupt. Some have also turned to their banks; in a number of cases, without success.’
3PB, 4th May 2020
Source: www.3pb.co.uk
Coronavirus: Watchdog threatens legal action on holiday refunds – BBC News
‘Firms that fail to refund people for holidays and weddings cancelled because of the coronavirus outbreak could face legal action by the consumer watchdog.’
BBC News, 30th April 2020
Source: www.bbc.co.uk
The Interplay of the Coronavirus Job Retention Scheme & Holiday by Adam Willoughby – Broadway House Chambers
‘With the prospect of several bank holidays on the horizon with little indication as to how long circumstances may require continued periods of furlough under the Coronavirus Job Retention Scheme (‘the Scheme’), many employers will be worried as to how they deal with the interaction between furlough and annual leave. Specifically, whether they can require annual leave to be taken during furlough and how they deal with bank holidays where they are included within employee’s annual leave entitlement under their contracts of employment.’
Broadway House Chambers, 9th April 2020
Source: broadwayhouse.co.uk
Package Travel and Educational Institutions – 39 Essex Chambers
‘Is a field trip provided by a university to undergraduates as part of a degree course a package tour? The court considered the question in McCulloch v University of Leicester (HHJ Hedley, 27 February 2020).’
39 Essex Chambers, 8th April 2020
Source: www.39essex.com
The Coronavirus Job Retention Scheme: More Holiday Cancellations? – Littleton Chambers
‘With the JRS there are precious few known knowns, plenty of known unknowns and one suspects a few unknown unknowns; that is to say, things we only realise we didn’t know when the detailed rules of the scheme are published.’
Littleton Chambers, 2nd April 2020
Source: www.littletonchambers.com
Short lets and breach of lease – Nearly Legal
‘A couple of First Tier Tribunal decisions to add to the growing pile of findings that short let use is in breach of lease.’
Nearly Legal, 14th March 2020
Source: nearlylegal.co.uk
Call for English councils to be given powers to regulate Airbnb – The Guardian
‘Local councils in England must be given powers to regulate Airbnb and other short-term letting sites in order to alleviate the “intolerable” pressure they put on the availability of local housing, the Green party MP, Caroline Lucas, has said.’
The Guardian, 21st February 2020
Source: www.theguardian.com
Extinction Rebellion activists cleared after arresting officer books holiday during trial – Daily Telegraph
‘A group of Extinction Rebellion (XR) protestors who brought City of London Airport to a standstill were given £280 to cover travel costs to court, after their case collapsed because a key police witness is on holiday.’
Daily Telegraph, 28th January 2020
Source: www.telegraph.co.uk
Public footpath rerouted after two year legal battle because ramblers kept walking through nudist campsite – Daily Telegraph
‘A public footpath is to be rerouted following a two-year battle by a nudist campsite to stop ramblers wandering through the grounds.’
Daily Telegraph, 26th January 2020
Source: www.telegraph.co.uk
Contempt and pre-action conduct – Law Society’s Gazette
‘In the landmark decision in Jet2 Holidays Limited v Hughes & Hughes [2019] EWCA Civ 1858, the Court of Appeal (Sir Terence Etherton MR, Hamblen and Flaux LJJ) confirmed that the High Court has jurisdiction to commit for contempt of court in respect of false witness statements made under a pre-action protocol (PAP) even though proceedings were never issued.’
Law Society's Gazette, 13th January 2020
Source: www.lawgazette.co.uk
