A key new case on jurisdiction where an accident happens abroad during a holiday booked from the UK: Brownlie v Four Seasons Holdings Incorporated [2015] EWCA Civ 665 – Henderson Chambers

‘In a wide-ranging decision earlier this month, the Court of Appeal has clarified a number of key questions on jurisdiction where an accident happens abroad during a holiday booked from UK. Most significantly, Arden LJ (giving the leading judgment) held that direct damage in the jurisdiction is required to come within the tort jurisdictional gateway in the CPR, effectively overruling earlier first instance decisions that indirect or consequential damage was sufficient. While this would prevent many overseas accidents from being litigated in the UK, Arden LJ did carve out an exception for Fatal Accident Act claims, which she considered involved “direct damage” in the UK. She also took the opportunity to provide her own “gloss” on the so-called “Canada Trust gloss”. Peppered throughout the judgment are some blistering but instructive observations on defective witness statements.’

Full story

Henderson Chambers, 24th July 2015

Source: www.hendersonchambers.co.uk

Bailiffs visit parents who took child out of school – Daily Telegraph

‘Parents hit with £1,200 bill after taking teenage son on holiday during school term.’

Full story

Daily Telegraph, 9th April 2015

Source: www.telegraph.co.uk

Tina Love jailed over Butlins nose-bite panto attack – BBC News

Posted February 16th, 2015 in assault, grievous bodily harm, holidays, news, sentencing by sally

‘A woman who bit off part of another woman’s nose at Butlins during a children’s pantomime has been jailed.’

Full story

BBC News, 13th February 2015

Source: www.bbc.co.uk

Parents face court over term-time break after schools split on permission – The Guardian

Posted January 23rd, 2015 in education, families, fines, holidays, local government, news, school children by sally

‘A Rotherham couple have fallen foul of a government crackdown on term-time holidays after they applied for permission to take their two children on a family trip and were told that their daughter’s school had approved the request but their son’s had turned it down.’

Full story

The Guardian, 22nd January 2015

Source: www.guardian.co.uk

Accidents abroad: The need for evidence of local standards – Zenith PI Blog

‘A holidaymaker who sustained personal injuries from slipping on a wet staircase in a hotel in Spain succeeded at first instance in a claim against the holiday operator. The Court of Appeal overturned the first instance decision where there had been no evidence of local standards of care and the judge had wrongly imposed an evidential burden of proof on the holiday company to prove it exercised reasonable care and skill in performance of the contract.’

Full story

Zenith PI Blog, 13th January 2015

Source: www.zenithpi.wordpress.com

Parents seek judicial review of term-time holiday crackdown – The Guardian

Posted May 27th, 2014 in holidays, judicial review, news, school children by sally

‘Campaigners are seeking permission for a judicial review of the government’s crackdown on parents taking their children out of school during term time.’

Full story

The Guardian, 25th May 2014

Source: www.guardian.co.uk

Mother escapes fine for taking children out of school to go on holiday because they were star pupils – Daily Telegraph

Posted May 2nd, 2014 in fines, holidays, news, parental responsibility, school children by tracey

‘The mother of two, who was prosecuted for taking her two children out of school for five days to go to a UK holiday camp, does not have to pay a fine because the children’s education is “well up to standard”, court hears.’

Full story

Daily Telegraph, 2nd May 2014

Source: www.telegraph.co.uk

Supreme Court decision provides much-needed clarity on VAT status of online tour operators, says expert – OUT-LAW.com

Posted March 6th, 2014 in agency, holidays, news, Supreme Court, taxation, VAT by tracey

‘A travel company which marketed and arranged the sale of holiday accommodation to holidaymakers through its website was acting as an “agent” for the providers of that accommodation, and so did not have to account for VAT on those sales, the UK’s highest court has ruled.’

Full text

OUT-LAW.com, 5th March 2014

Source: www.out-law.com

Injured holidaymaker entitled to compensation, but Court of Appeal upholds ‘local standards’ defence – OUT-LAW.com

Posted November 12th, 2013 in appeals, compensation, health & safety, holidays, news, personal injuries by tracey

“The High Court was wrong to state that a Barbados hotel had to comply with the latest safety standards on an ongoing basis in order for a tour operator to escape liability for injury to a holidaymaker, the Court of Appeal has ruled.”

Full story

OUT-LAW.com, 11th November 2013

Source: www.out-law.com

Holidaymaker who sued after walking into glass door in bikini wins case in serious blow to UK travel industry – Daily Telegraph

Posted November 7th, 2013 in appeals, damages, health & safety, holidays, news, personal injuries by tracey

“A holidaymaker who suffered life-threatening cuts after walking into a plate glass door in her bikini has fought off a bid to strip her of her damages award, in what it has been desribed as a serious blow to the UK travel industry.”

Full story

Daily Telegraph, 7th November 2013

Source: www.telegraph.co.uk

£5m compensation for 1,000 who had holiday from hell – Daily Telegraph

Posted July 19th, 2013 in compensation, consumer credit, holidays, insurance, news by sally

“Around 1,000 holidaymakers will share a total pot of £5m from First Choice, Thomas Cook and My Travel after a “holiday from hell” court case concluded.”

Full story

Daily Telegraph, 18th July 2013

Source: www.telegraph.co.uk

Working Time: Holidays – 11 KBW

Posted June 7th, 2012 in holiday pay, holidays, news, working time by sally

“Working time is a notoriously complex area, where the interplay between opaque judgments from the CJEU and the complexities of the Working Time Regulations 1998 is capable of causing uncertainty and confusion. Over the last 12 months, the most important working time cases have been on holidays. Some of those cases are likely to have significant financial impact for employers across the piece. This paper 1 attempts to navigate through them in a summary way, dealing with the three areas that are likely to be most important for employers and employees:
(i) What should ‘pay’ be for annual leave?
(ii) When can an employer insist that leave is taken?
(iii) What is the interplay between sickness absence and holiday pay/entitlement?”

Full story (PDF)

11 KBW, 1st June 2012

Source: www.11kbw.com

Holidays 4 UK clients face long wait for compensation – The Guardian

Posted August 5th, 2011 in compensation, holidays, news by sally

“Thousands of holidaymakers who had their summer getaways ruined by the collapse of tour operator Holidays 4 UK have been told they may have to wait months for compensation.”

Full story

The Guardian, 4th August 2011

Source: www.guardian.co.uk

Holiday Atol protection set to be expanded – BBC News

Posted February 3rd, 2011 in consumer protection, holidays, news by sally

“More holidaymakers are set to be protected from losses when a travel company goes bust, the government has confirmed.”

Full story

BBC News, 3rd February 2011

Source: www.bbc.co.uk

Thomson ordered to pay damages to sick Spain tourists – BBC News

Posted January 17th, 2011 in damages, holidays, news, personal injuries by sally

“A judge has ruled that one of the UK’s largest tour operators should have warned holidaymakers about an outbreak of illness at a Spanish resort.”

Full story

BBC News, 14th January 2011

Source: www.bbc.co.uk

Arctic cruise passengers to sue over glacier injuries – Daily Telegraph

Posted September 3rd, 2010 in class actions, holidays, news, personal injuries, ships by sally

“An Arctic cruise company is being sued by a senior banker and other passengers who were injured when chunks of glacier ice smashed onto the deck of their luxury liner.”

Full story

Daily Telegraph, 3rd September 2010

Source: www.telegraph.co.uk

Cruise line pays out over Legionnaires’ disease death – Daily Telegraph

Posted March 17th, 2010 in compensation, doctors, holidays, news, ships by sally

“The widow of a British man who died after contracting Legionnaires’ disease during a Fred Olsen cruise has been awarded a £70,000 financial settlement.”

Full story

Daily Telegraph, 17th March 2010

Source: www.telegraph.co.uk

Christmas Break

Posted December 21st, 2009 in holidays, news by sally

 There will be no posts during the Inner Temple Library’s Christmas closed period which starts at 1pm on 21st December. We will resume posting on 4th January 2010.

Couple’s cruise payout challenged – BBC News

Posted December 4th, 2009 in damages, holidays, news by sally

“A cruise company has started an appeal to reduce £22,000 in damages awarded to a North Yorkshire couple who claim their dream holiday was ruined.”

Full story

BBC News, 3rd December 2009

Source: www.bbc.co.uk

Couple sue in ‘holiday nightmare’ – BBC News

Posted August 26th, 2009 in holidays, news by sally

“A Dorset couple is taking legal action against a travel firm after suffering a ‘holiday nightmare’ while staying at a South American resort.”

Full story

BBC News, 25th August 2009

Source: www.bbc.co.uk