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Food for thought

17 March 2017 / Andrew Young
Issue: 7738 / Categories: Features , Personal injury
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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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Pillsbury—Lord Garnier KC

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Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

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Partner and associate join employment practice

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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