Category: holidays

Scope of a holiday provider’s liability, by Malcolm Johnson – Law Society Gazette

Posted September 25th, 2019 in appeals, damages, EC law, holidays, news, references to European Court, sexual offences, Supreme Court by michael

‘In X v Kuoni Travel Ltd [2019] UKSC 37, the claimant was on holiday with her husband in Sri Lanka on a package holiday purchased from the defendant. While on her way to the hotel reception, she came across a member of the hotel staff, who was employed as an electrician. He offered to show her a short cut to reception, but instead sexually assaulted her. She claimed damages against the defendant for breach of contract under the Package Travel, Package Holidays and Package Tours Regulations 1992 …’

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Law Society Gazette, 23rd September 2019

Source: www.lawgazette.co.uk

Jail for holiday sickness claims fraudster – Litigation Futures

Posted August 19th, 2019 in compensation, fraud, holidays, news, sentencing by tracey

‘A fraudster who drummed up false holiday sickness claims over several years has been jailed for 12 months.’

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Litigation Futures, 19th August 2019

Source: www.litigationfutures.com

Holiday chaos looms as attempts by BA to block pilot strikes fail – The Guardian

Posted August 1st, 2019 in airlines, appeals, holidays, industrial action, news, remuneration, trade unions by tracey

‘Strikes by British Airways pilots could disrupt hundreds of thousands of holidaymakers from August after the airline lost a second legal attempt to block industrial action.’

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The Guardian, 31st July 2019

Source: www.theguardian.com

New Judgment: X v Kuoni Travel Ltd [2019] UKSC 37 -UKSC Blog

Posted July 24th, 2019 in appeals, contracts, EC law, holidays, news, references to European Court, Supreme Court by sally

‘This appeal considered whether the respondent is liable to the appellant for breach of contract and/or under the Package Travel, Package Holidays and Package Tours Regulations, reg 15.’

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UKSC Blog, 24th July 2019

Source: ukscblog.com

Fraudsters ‘stole £7m’ from holidaymakers in 2018 – BBC News

Posted May 7th, 2019 in airlines, fraud, holidays, news by tracey

‘More than 5,000 people were the victims of holiday booking fraud last year, with their total losses amounting to £7m, research suggests.’

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BBC News. 7th May 2019

Source: www.bbc.co.uk

Easter Break

Posted April 18th, 2019 in holidays, news by sally

There will be no posts over the Easter weekend (Friday 19th April – Monday 22nd April inclusive) during which time the Library will be closed. We will resume posting on Tuesday 23rd April.

New laws on payslip information come into force this week – The Guardian

Posted April 8th, 2019 in agency, documents, employment, equality, holiday pay, holidays, news, remuneration by sally

‘New laws on payslips come into force from this week, requiring employers to set out variable rates of pay and hours worked so that workers can more easily check that they are receiving the minimum wage.’

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The Guardian, 8th April 2019

Source: www.theguardian.com

The Employment Rights of Uber Drivers: A Battle Won, the War Goes On – Oxford Human Rights Hub

Posted January 16th, 2019 in contract of employment, holidays, minimum wage, news, self-employment, taxis by sally

‘The judgment of the English Court of Appeal in Uber B.V. & others v Aslam & others (Case No: A2/2017/3467; 19 December 2018) has been hailed as a victory for workers. Uber’s business model, in common with many digital platforms, depends on classifying its drivers as independent contractors, who do not enjoy the rights of “employees” or “workers”. In essence, the majority of the Court endorsed the finding of the Employment Tribunal (ET) that these contractual provisions “do not correspond with the practical reality” and that the notion of Uber in London as “a mosaic of 30,000 small businesses linked by a common ‘platform’ is to our minds faintly ridiculous.”’

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Oxford Human Rights Hub, 14th January 2019

Source: ohrh.law.ox.ac.uk

Who gets the children at Christmas? – Family Law

Posted December 20th, 2018 in children, custody, divorce, families, holidays, news by tracey

‘For many families, Christmas is a happy time of year. But for those who may be newly separated, it can be a time of heartbreak. This leads to the very important question – who gets the children at Christmas? Monica Blizzard, a director of KHQ Lawyers and head of the family and relationship law team, looks at the details.’

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Family Law, 19th December 2018

Source: www.familylaw.co.uk

“Being a good sport”. Supreme Court decision – Henderson Chambers

Posted December 12th, 2018 in easements, holidays, news, sport by sally

‘“Being a good sport”: the Supreme Court considers for the first time the extent to which the right to the use of sporting facilities may be conferred by way of easement. (Regency Villas Title Ltd & Ors v Diamond Resorts (Europe) Ltd & Ors [2018] UKSC 57)’

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Henderson Chambers, 15th November 2018

Source: 3yf6pp3bqg8c3rycgf1gbn9w-wpengine.netdna-ssl.com

2017 reforms to the NHS charging regime for ‘overseas visitors’ upheld – 11 KBW

Posted December 11th, 2018 in equality, fees, health, holidays, judicial review, news by sally

‘Judgment was handed down today in R (MP) v Secretary of State for Health and Social Care [2018] EWHC [3392] (Admin). Lewis J upheld the changes to system of charging ‘overseas visitors’ (those not ordinarily resident in the UK) for use of NHS services brought about by the National Health Service (Charges to Overseas Visitors) Amendment Regulations 2017 (“the 2017 Regulations”).’

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11 KBW, 10th December 2018

Source: www.11kbw.com

Supreme Court: grant of recreational rights over land can be easement – OUT-LAW.com

Posted November 16th, 2018 in easements, holidays, news, sport by tracey

‘The right to free use of sporting and recreational facilities provided in a country club environment can be an easement, providing that certain conditions are met, the UK’s highest court has confirmed.’

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OUT-LAW.com, 15th November 2018

Source: www.out-law.com

Defendant lawyer hits out at £730k costs claim for £13k holiday sickness case – Litigation Futures

Posted September 25th, 2018 in costs, holidays, news by sally

‘A senior defendant lawyer has hit out at solicitors who claimed £730,000 in costs for a “straightforward” holiday sickness claim in a case with damages of only £13,000.’

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Litigation Futures, 24th September 2018

Source: www.litigationfutures.com

SRA outlines new concerns around holiday sickness claims – Legal Futures

Posted August 10th, 2018 in claims management, fraud, holidays, news, personal injuries, solicitors, Solicitors Regulation Authority by sally

‘More types of poor conduct by claimant solicitors in the holiday sickness market have been uncovered, their regulator has warned.’

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Legal Futures, 10th August 2018

Source: www.legalfutures.co.uk

Travelling abroad with children after separation – is permission needed? – Family Law

Posted July 25th, 2018 in child abduction, children, consent, divorce, holidays, news by tracey

‘Getting away on holiday with children is hard enough; following separation, there may be an additional complication and it will need early attention.’

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Family Law, 24th July 2018

Source: www.familylaw.co.uk

Wish you weren’t here? – New Law Journal

Posted June 18th, 2018 in electronic mail, flexible working, holidays, legal profession, news by sally

‘Step out of the office & take some time to reflect on your work/life balance, says Matthew Kay.’

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New Law Journal, 13th June 2018

Source: www.newlawjournal.co.uk

Government to introduce fixed costs for holiday sickness claims “in coming weeks” – Legal Futures

Posted April 13th, 2018 in compensation, costs, fraud, holidays, news by tracey

‘The Ministry of Justice (MoJ) has met its timetable to introduce fixed recoverable costs for holiday sickness claims, announcing today that they will come into effect “in the coming weeks” and before the summer holiday season.’

Full MOJ press release

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Legal Futures, 13th April 2018

Source: www.legalfutures.co.uk

Parents fined £24m for children’s truancy and term time holidays – BBC News

Posted March 15th, 2018 in education, fines, holidays, news, school children, truancy by tracey

‘Parents across England and Wales have been fined about £24m for failing to send their children to school during the past three years, it has emerged.’

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BBC News, 15th March 2018

Source: www.bbc.co.uk

Couple who faked holiday sickness ‘rumbled’ on Facebook – The Guardian

Posted March 6th, 2018 in community service, costs, fraud, holidays, news, suspended sentences by sally

‘A man and a woman who fraudulently claimed they fell ill while on holiday in Turkey, but were “rumbled” by images they posted on social media, have been given suspended jail sentences.’

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The Guardian, 5th March 2018

Source: www.theguardian.com

A bitter taste in the mouth of travel providers? The Court of Appeal’s Decision in Wood v TUI Travel plc T.A. First Choice 2017 EWCA Civ 11 – 4 KBW

Posted November 23rd, 2017 in appeals, damages, holidays, news, sale of goods by sally

‘The Court of Appeal was recently asked whether a couple could recover damages pursuant to the implied condition in section 4(2) of the Supply of Goods and Services Act 1982, (“the 1982 Act”), for harm suffered whilst on an all-inclusive holiday.’

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4 KBW, 17th November 2017

Source: www.4kbw.net