Sick of costs? – 3 Hare Court
‘A special approach has been taken to gastric illness (‘GI’) claims since it was established in the case law in Kempson & Kempson v First Choice Holidays (2007) and Wood v TUI Travel Plc [2017] EWCA Civ 11 that food or drink contaminated with bacteria in sufficient quantity to cause illness cannot be considered to have been “fit for purpose” or of “satisfactory quality” under ss4 and 13 of the Supply of Goods and Services Act 1982. This is not a “strict liability” regime, as confirmed in Wood v TUI, but it does set GI claims apart from other package travel claims in terms of what a claimant is required to establish. Since 2018, the costs associated with GI claims have also been dealt with distinctly from those in other package claims.’
3 Hare Court, 6th February 2025
Source: www.3harecourt.com
