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20 March 2015 / Mark Lee
Issue: 7645 / Categories: Features , Insurance / reinsurance , Personal injury
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Lost in translation

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Not everything foreseeable is likely...at home or abroad, as Mark Lee explains

When pursuing a claim for damages against a tour operator, the question of liability is decided with reference to local standards, rather than those that apply in the UK. It is, therefore, very important to obtain credible evidence from local experts to clarify the standards against which a hotel should be measured.

The Court of Appeal recently considered the existing case law and some potential ambiguities following the three day trial of Lougheed v On the Beach [2014] EWCA Civ 1538, [2014] All ER (D) 299 (Nov).

Mrs Lougheed suffered injury after she slipped while holding on to a handrail when descending polished granite steps in the hotel that she had booked as part of a package with On the Beach. It was suggested that the steps were wet. The parties agreed the value of the claim at £30,000, though liability was denied.

The claim was based upon reg 15(1) of the Package Travel, Package Holiday and Package Tours Regulations 1992 (SI 1992/3288), which states: “The defendant is liable

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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