header-logo header-logo

20 March 2015 / Mark Lee
Issue: 7645 / Categories: Features , Insurance / reinsurance , Personal injury
printer mail-detail

Lost in translation

nlj_7645_lee

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll