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17 February 2012 / Katherine Deal KC
Issue: 7501 / Categories: Features , Personal injury
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Surprise package

When is a travel agent not an agent, asks Katherine Deal

The Package Travel, Package Holiday and Package Tours Regulations 1992 () (the Regulations) came into force on 23 December 1992, revolutionising how injured holiday makers could claim compensation for death, injury or illness. Few personal injury practitioners will not have come across them at some point. Thanks to the Regulations, the provisions of which are now expressly or impliedly incorporated into every package holiday contract, where an English holiday maker has been injured while on a package, he can sue the other party to his holiday contract directly in the English courts under English law, for injuries arising from the negligent provision of services or accommodation which were part of the package. In effect, caught by a modified form of vicarious liability, the tour operator cannot escape liability merely on the basis that those services were provided by a foreign supplier. 

In Titshall v Qwerty Travel [2011] EWCA Civ 1569, [2011] All ER (D) 107 (Dec), the Court of Appeal recently analysed again how

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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