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Registered address: 3 Lloyds Avenue, London, EC3N 3DS. Registered in England.

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ARTICLES/NEWS  //

BURDEN OF PROOF FOR FOOD CONTAMINATION CLAIMS: HOW MEDICAL EVIDENCE CAN FAIL CLAIMANTS

September 26, 2019

On 18 September 2019, DJ Hale sitting in Nottingham County Court heard the case of (1) Jayne Shaw and (2) Ivan Shaw v Global Travel Group (unreported), finding in favour of the Defendant. The decision highlights the observations of the Court of Appeal in Wood v TUI [2017] EWCA Civ 11 in so far as it is not enough to invite the court to draw inference from the mere fact that the claimants had been suffering from sickness. The burden of proof must be discharged on the
balance of probabilities taking into consideration available medical evidence.

AN OVERVIEW OF THE FIXED COSTS REGIME FOR GASTRIC ILLNESS CLAIMS

October 04, 2018

On 7 May 2018, the Pre-action Protocol for Resolution of Package Travel Claims, which defines such claims as gastric illness contracted during a package holiday, came into force. The Protocol applies to package travel claims valued at no more than £25,000. Simultaneously, the Civil Procedure Rules were updated to bring gastric claims into scope of the fixed costs regime.

LUCY SCHOFIELD JOINS MILES FANNING LEGAL

September 10, 2018

We are pleased to welcome Lucy Schofield as a Commercial Travel Law Consultant. Lucy has experience in both travel and aviation law. Her advice covers all industry sectors including airlines, tour operations, travel agents, distribution and accommodation. Her expertise includes, but is not limited to, commercial and regulatory matters including the Package Travel Regulations 2018, ATOL compliance, aviation passenger rights, commercial contracts including booking terms and conditions/supplier agreements and risk management.

NOVUS ACTUS - RISK VS. INCONVENIENCE.

May 23, 2018

In Philip Clay v TUI UK Ltd [2018] EWCA Civ on 23rd May 2018 the Court of Appeal gave judgment in favour of the Respondent in an interesting case considering the liability of a tour operator under the Package Travel, Package Holidays, and Package Tours Regulations 1992 (the “Package Travel Regulations”) for injury to the Appellant after a balcony fall.

The Respondent was represented in the Court of Appeal by Ronald Walker QC of 12 King’s Bench Walk who was instructed by Mark Fanning of Miles Fanning Legal.

MILES FANNING LEGAL TEAM SECURE LEVEL 3 SUPERVISING FOOD SAFETY QUALIFICATIONS

April 05, 2018

Four members of the legal team from Miles Fanning Legal have successfully passed, with distinction, the Highfield International - Supervising Food Safety Level 3 qualification.  

They attended an intensive three day course delivered by trainer, Stuart Barbour of Southsea Training who specialises in food safety training.

WHEN DOES CARRIAGE END FOR THE PURPOSES OF THE ATHENS CONVENTION IN A MODERN CRUISE TERMINAL?

January 23, 2018

In JENNINGS V TUI UK LIMITED (T/A THOMSON CRUISES) [2018] EWHC 82 (Admlty), on 22nd January 2018, the Admiralty Registrar Jervis Kay QC handed down judgment in favour of the Defendant in a very useful decision considering the point at which “carriage” concludes for the purposes of the Athens Convention for the Carriage of Passengers and their Luggage by Sea 1974 as amended by the 2002 Protocol (the “Athens Convention”) in the context of passengers disembarking from  a cruise ship at a modern cruise terminal facility.

The decision also considers the liability of a tour operator under the Package Travel, Package Holidays and Package Tours Regulations 1992 (the “Package Travel Regulations”) for those passengers who have completed disembarkation and are within the confines of the cruise terminal facilities.

The Defendant was represented in the Admiralty Court by Alex Carington of 12 King’s Bench Walk who was instructed by Mark Fanning of Miles Fanning Legal.

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