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17 March 2017 / Andrew Young
Issue: 7738 / Categories: Features , Personal injury
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Food for thought

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Andrew Young considers how gastric illness claims have been impacted by Wood v Tui UK Ltd

  • Wood v Tui UK Ltd provides good news for claimants bringing claims against tour operators in relation to food poisoning suffered on package holidays.

For a long time, a controversial issue in travel law has been whether tour operators selling package holidays are subject to strict liability in respect of claims brought by clients for food poisoning caused by eating contaminated food at the hotel where they stayed as part of the package contract or whether they have to prove negligence or improper performance under the Package Travel Regulations in order to bring a successful claim. In two unreported first instance decisions, Kempston v First Choice Holidays & Flights Ltd (HHJ Stephen Davies, Lawtel, 7 June 2007) and Antcliffe v Thomas Cook Tour Operations Ltd (HHJ Worster, Lawtel, 4 July 2012), the court on both occasions upheld the claimant’s argument in favour of strict liability, on the basis that this was imposed on the tour operator

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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