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20 March 2015 / Mark Lee
Issue: 7645 / Categories: Features , Insurance / reinsurance , Personal injury
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Lost in translation

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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

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NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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