header-logo header-logo

Food for thought

17 March 2017 / Andrew Young
Issue: 7738 / Categories: Features , Personal injury
printer mail-detail
nlj_7738_young

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

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

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

Myers & Co—Jess Latham

Myers & Co—Jess Latham

Residential conveyancing team expands with solicitor hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
back-to-top-scroll