CMA launches court action against Teletext Holidays – gov.uk
‘The CMA has today launched court action against Teletext Holidays over inadequate progress on refunds to package holiday customers.’
gov.uk, 18th October 2021
Source: www.gov.uk
Category: holidays
Claimant loses in Court of Appeal despite defendant offering no evidence – Law Society’s Gazette
‘The Court of Appeal has found – albeit by a majority verdict – in favour of a defendant who offered no evidence to support their case and did not cross-examine the claimant’s instructed expert. The ruling on uncontroverted evidence in Griffiths v Tui will be a blow for personal injury firms with hundreds of holiday sickness claims waiting on the result.’
Law Society's Gazette, 7th October 2021
Source: www.lawgazette.co.uk
Calls for employment law change as parents routinely forced to use holiday leave to look after sick children – The Independent
‘Parents are being forced to use holiday leave to look after their children when they get sick, a new study has found.’
The Independent, 7th October 2021
Source: www.independent.co.uk
Covid: Legal action begins over quarantine hotel rules – BBC News
‘A law firm representing travellers is taking the government to court over the UK’s quarantine hotel policy.’
BBC News, 13th September 2021
Source: www.bbc.co.uk
Covid: Watchdog to immediately investigate Covid PCR test cost – BBC News
‘The competition watchdog has said it will investigate the price of PCR Covid tests “immediately”. The health secretary had called for a review into “excessive” pricing and “exploitative practices” among test providers.’
BBC News, 12th August 2021
Source: www.bbc.co.uk
Getting everything you bargained for: X v Kuoni Travel Limited [2021] UKSC 34 determines the scope of ‘holiday arrangements’ in Package Travel claims – Devereux Chambers
‘In an important case for package travel claims, the Supreme Court has clarified that a broad approach should be taken to determining the scope of the services provided under a package holiday contract. The tour operator is liable for the performance of ancillary services which are necessary to provide a holiday of the required standard.’
Devereux Chambers, 3rd August 2021
Source: www.devereuxchambers.co.uk
Supreme Court backs raped tourist in blow to travel industry – Law Society’s Gazette
‘A British woman who was sexually assaulted by a hotel worker on a package holiday has won her Supreme Court appeal, in a judgment of “major importance to the travel industry”.’
Law Society's Gazette, 30th July 2021
Source: www.lawgazette.co.uk
New Judgment: X v Kuoni Travel Ltd [2021] UKSC 34 – UKSC Blog
‘The Supreme Court unanimously allowed this appeal concerning whether a hotel employee working for the respondent was in breach of contract after having raped and assaulted the defendant, and/or gave rise to liability under the Contract and the Travel, Package Holidays and Package Tours Regulations 1992 (“the Regulations”).’
UKSC Blog, 30th July 2021
Source: ukscblog.com
What Are The Rights-Based Implications Of Vaccine Passports? – Each Other
‘Following news that 15 EU countries are issuing Covid-19 vaccine passports for travel, the debate over whether vaccine passports are fair is growing.’
Each Other, 21st June 2021
Source: eachother.org.uk
Windrush scandal victim Richard Black to return to UK after 38-year exile – The Independent
‘A Windrush man who has been stranded in Trinidad and Tobago for almost 40 years after his UK citizenship was withdrawn is set to return to Britain.’
The Independent, 29th April 2021
Source: www.independent.co.uk
Covid: £5,000 fine for people going on holiday abroad – BBC News
‘A £5,000 fine for anyone in England trying to travel abroad without good reason is due to come into force next week as part of new coronavirus laws.’
BBC News, 23rd March 2021
Source: www.bbc.co.uk
Using leasehold property for holiday lets – Becket Chambers
‘As we start to consider the possibility of lockdown lifting and our thoughts recklessly stray to the idea of getting away from it all, I thought I would dampen the exuberance by reminding us all of the perils of using leasehold property for holiday lets (Airbnb or otherwise).’
Becket Chambers, 24th February 2021
Source: becket-chambers.co.uk
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!
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
