Part 36 regains its bite as set-off returns for Defendants under QOCS
There has been a lot of noise regarding Qualified One-Way Costs Shifting (QOCS) lately, with claimant-friendly decisions dominating the personal injury news. Our clients were rightly worried at the continued watering down of powers to manage claims through the use of effective Part 36 offers; but they needn’t worry any longer. What is QOCS? QOCS …
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Employment Law – Lessons Learned from the Pandemic
The workplace has been turned on its head by the pandemic. Introducing changes to work rules, policies, practices, and contracts that would often have been expected to take weeks or months have been enacted within mere days, hours, or no notice at all in some cases. Flexibility used to mean a later or earlier start …
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JUDGE DISMISSES VIRAL ILLNESS GROUP ACTION
We are pleased to report on the outcome of a recent trial where Mark Fanning of Miles Fanning Legal and David Boyle of Deans Court, successfully defended a Group Action involving Viral Illness. This claim is very important in terms of liability issues for viral illness claims, particularly considering the COVID-19 pandemic and the risk …
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Reducing Exposure to Liability from COVID-19
The impacts of COVID-19 have left the travel industry bruised and battered. Many companies have not been able to withstand the financial impact that the restrictions against travel have caused. Since the lifting of some travel restrictions consumer interest in travel has returned, although not to the levels seen before the pandemic. Those travel companies …
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COVID-19 Liability – Will Your Business be Exposed?
Tour operators and cruise ship operators have a potential financial exposure if a customer contracts COVID-19 whilst on holiday. It is almost certain that we will see claims being brought against tour operators or cruise ship operators, by customers who allege that they contracted COVID-19 whilst staying in a hotel or on a cruise ship, …
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Burden of Proof for Food Contamination Claims: How Medical Evidence Can Fail Claimants
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 …
Overview of the Fixed Costs Regime for Gastric Illness Claims
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 …
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NOVUS ACTUS – Risk vs. Inconvenience
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 …
When does Carriage end for the purposes of the Athens Convention in a Modern Cruise Terminal?
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 …
