News & Events

Travel

X v Kuoni: Success for X in the Supreme Court

On 30 July 2021, the Supreme Court unanimously allowed X’s appeal in the long-running case of X v Kuoni. This is a key decision in respect of the scope of the liability of package tour operators. Carin Hunt provides a casenote on the judgment. The facts The facts giving rise to this case occurred over a decade ago now, when Mrs X and her husband were on a package holiday in Sri Lanka. Early on the morning of 17 July 2010, a hotel maintenance employee on night duty offered to show Mrs X a shortcut to reception. The employee then took Mrs X to an engineering room where he assaulted and raped her. The issues Having been dismissed both at first instance and by…

Legal Blog & Publications, News, Travel 3 Aug, 2021

Challenging expert evidence in cross-border claims … where next?

Ian Denham looks back on the High Court decision of Griffiths v TUI UK Limited and considers the impact it has had on cross-border personal injury claims. Since the judgment in August 2020, defendants have sought to find new ways to challenge expert evidence. This has included seeking permission for their own expert evidence or calling the claimant’s expert to be cross-examined at trial. The results of these applications have varied from court to court. Ian looks at the recent judgment of HHJ Freedman, sitting at the County Court in Newcastle, where he heard an appeal in the matter of Taylor v TUI arising from a Deputy District Judge’s decision to order that an expert in a holiday illness case should attend trial to be…

Legal Blog & Publications, Travel 5 Jul, 2021

Lipton v BA City Flyer Ltd: “extraordinary circumstances” and a guide to applying retained EU law

Imogen Egan looks back at the recent Court of Appeal decision in Lipton & Anor v BA City Flyer Ltd, considering the interrelation of “extraordinary circumstances” and Regulation (EC) 261/2004. She also considers the approach to be adopted following Brexit. In this case, the Claimants were booked on a flight, operated by the Defendant airline, due to depart Milan to London City Airport at 17:05 (local time). However, the captain reported feeling unwell at 16:05 (local time), when he was off duty and not at his place of work. He was determined unfit to fly. Under Regulation (EC) 261/2004 (“the Regulation”), the Claimants sought compensation for a flight which was cancelled because the captain became ill, whilst off duty. The Defendants…

Legal Blog & Publications, News, Personal Injury, Travel 2 Jul, 2021

Barton Checks In With… Matt Gatenby

In this edition, Paul Barton checks in for a virtual coffee with Matt Gatenby, Senior Partner & Head of Litigation at Travlaw, to find out a bit more about how he got into travel law and why he enjoys it so much. How did you become involved with travel law? Largely by accident! Having completed a Geography degree I initially took a customer services role at what was then Thomas Cook’s burgeoning tour operating business dealing with complaints and claims. One thing lead to another in the sense that I progressed within the business to the point where a spot in their in-house legal team was the next obvious step, and at that point I was part of the travel law business!…

News, Travel 2 Jul, 2021

Ask a Silk: Claims where English law applies but the claimant is domiciled abroad

In this latest ‘Ask a Silk’ vlog, Carin Hunt asks Eliot Woolf QC about personal injury and clinical negligence claims in England and Wales where English law applies but the claimant is domiciled abroad. What needs to be considered? Welcome back to ‘Ask a Silk’. These videos are short and digestible vlogs, normally in the form of a Q&A between a silk and junior member of chambers about a particular area of the silk’s expertise. In this short interview, Carin Hunt talks to Eliot Woolf QC, an well respected silk specialising in personal injury and clinical negligence, including claims with an international element. Carin wanted to discuss international claims with Eliot and in particular, claims where the case is being heard in England and…

News, Webinars & Vlogs, Travel Vlogs, Travel 2 Jul, 2021

Commission advises EU to say No to Lugano Accession

Yesterday, the European Commission published its assessment of the UK’s application to accede to the 2007 Lugano Convention. The Commission advises the EU to reject the UK’s application to join the Convention for two key reasons. First, the Commission notes that those non-EU countries which have acceded to the Lugano Convention “all participate, at least partly, in the EU’s internal market” – this being by way of the EEA agreement for Norway and Iceland, and a number of bilateral trade agreements for Switzerland. This economic link, or “high degree of economic interconnection”, between those third countries and the EU’s internal market, says the Commission, is a key basis for their accession to the Convention.  By contrast, the Commission says, the…

Brexit, Legal Blog & Publications, News, Public Law, Travel, Public, Travel 5 May, 2021

OTC Travel Talks: General Damages in France, Spain and the Netherlands Part Two

Ian Denham is joined by Ana Romero Porro, Thomas Ricard and Gerben Janson in the next instalment of our ‘OTC Travel Talks’ series to discuss the quantification of non-pecuniary, or general damages, in Spain, France and the Netherlands. Welcome to another episode in the OTC Travel Talks series. Our most recent discussion, hosted by Ian Denham, continues with Ana Romero Porro of Cremades & Calvo Sotelo (Spain), Thomas Ricard of JP Karsenty & Associés (France) and Gerben Janson of Leidse Letselschade Advocaten (the Netherlands). It was divided up into two sections; The general approach to compensation in Spain, France and the Netherlands. This can be viewed here. Temporary and permanent disability. Part 2: Compensation for temporary and permanent disability In part 2, Ana describes the distinction between temporary and permanent…

News, Webinars & Vlogs, Travel Vlogs, Travel, Travel 21 Apr, 2021

Travel Talks: General Damages in France, Spain & the Netherlands Part 1

Ian Denham is joined by Ana Romero Porro, Thomas Ricard and Gerben Janson as part of the ‘OTC Travel Talks’ series to discuss the quantification of non-pecuniary or general damages in Spain, France and the Netherlands. The discussion is divided up into two sections, with Part 2 to be published soon. Part 1: The general approach to compensation In the first section, each of the speakers detail how their respective legal jurisdictions seek to implement the principle of restitutio in integrum. French law (1:00 –  4:00) adopts the Nomenclature Dintilhac which involves the concept of consolidation or stabilisation of injury. This plays an important role in determining the dividing line between ‘past’ and ‘future’ losses but also sets the clock ticking for limitation…

News, Webinars & Vlogs, Travel Vlogs, Travel, Travel 6 Apr, 2021

Mind Your Language! Interpreting EU Law Post-Brexit Against Other Language Versions -Covea Insurance Plc v Greenaway and Rocks [2021]

In this case note, Sarah Crowther QC, Dan Clarke and Joshua Cainer consider the recent appeal in Covea Insurance Plc v Greenaway and Rocks [2021] 3 WLUK 379. This was an appeal from a case management decision in which a motor insurer sought permission to obtain factual expert evidence as to the meaning of the word ‘stolen’ in other language versions of the Sixth Motor Insurance Directive (Directive 2009/103/EC). They consider that the Court was wrong, as a matter of legal principle, to entertain the introduction to the proceedings of factual evidence as to the interpretation of EU law in other Member States (four experts on each side). Such an approach was not justified under EU law interpretative principles even…

Legal Blog & Publications, News, Public, Travel 26 Mar, 2021

Success for X: The CJEU Judgment in X v Kuoni is Out

This morning, the Court of Justice of the European Union (CJEU) handed down its judgment in X v Kuoni. Background The facts giving rise to this case occurred over a decade ago now, when X and her husband were on a package holiday in Sri Lanka. Early on the morning of 17 July 2010, a hotel maintenance employee on night duty offered to show X a shortcut to reception. The employee then took X to an engineering room where he assaulted and raped her. Having been dismissed both at first instance and by the Court of Appeal, X’s claim against Kuoni, the tour operator, eventually reached the Supreme Court. The issue in dispute was whether the actions of the maintenance…

Legal Blog & Publications, News, Travel, Travel 18 Mar, 2021

A Matter of Interest – applicable law to awards of interest in cross-border tort cases

Joshua Cainer looks in detail at the recent developments in English courts on the applicable law to awards of interest in cross-border tort cases. In Troke v Amgen Seguros Generales Compania de Seguros Y Reaseguros SAU, the claimants suffered personal injury from a road traffic accident in Spain, for which the defendant insurers admitted both liability and quantum. In this article, Joshua Cainer explores the legal point in dispute, which concerned what law governed the award of interest in relation to the tort: the lex causae (the law of the jurisdiction in which the cause of action arose), which in this case was Spanish law; or the lex fori (the law of the forum in which the claim was being…

Legal Blog & Publications, News, Travel, Travel 17 Feb, 2021

Travel Talks: ‘Assessment of personal injury damages under foreign law’ by Stewarts Law

Chambers were delighted to have Chris Deacon, Partner at Stewarts Law, speak at our Annual Travel Law Conference this year. The focus of Chris’ talk was on the assessment of personal injury damages under foreign law, an often complex task faced when litigating cross-border personal injury claims. Chris started his talk by considering the distinction between procedural and substantive law before the commencement of the Rome II Regulations and how the applicable law would be used to identify the recoverable heads of damage but then English law (as the procedural la), would then be used to quantify those heads of loss. With the application of the Rome II Regulations and the emphasis on harmonisation and predictability, those heads of loss…

News, Travel, Travel 10 Feb, 2021

Portfolio Builder

Select the expertise that you would like to download or add to the portfolio

Download    Add to portfolio   
Portfolio
Title Type CV Email

Remove All

Download


Click here to share this shortlist.
(It will expire after 30 days.)