header-logo header-logo

Lost in translation

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

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

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

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
back-to-top-scroll