Travel & Aviation Newsletter – 3 Hare Court
‘Welcome to our latest Travel & Aviation newsletter, edited by Katherine Deal KC.’
3 Hare Court, 11th February 2025
Source: lexlinks.3harecourt.com
Category: holidays
Judge quashes grant of planning permission for extension of holiday park over failure to give adequate reasons – Local Government Lawyer
‘The Planning Court has quashed the grant of planning permission for a multi-million pound extension of a caravan park, following a legal challenge brought by local residents.’
Local Government Lawyer, 12th February 2025
Source: www.localgovernmentlawyer.co.uk
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
High Court refuses permission for judicial review over policy of Welsh council on second homes and short term lets – Local Government Lawyer
‘An application for judicial review of Gwynedd Council’s implementation of new rules aimed at curbing second homes and short-term holiday lets has been dismissed by a High Court judge.’
Local Government Lawyer, 18th November 2024
Source: www.localgovernmentlawyer.co.uk
Travel & Aviation Bulletin – Special Focus – 3 Hare Court
‘Welcome to our Special Focus edition of the Travel & Aviation Bulletin, edited by Katherine Deal KC.’
3 Hare Court, 18th September 2024
Source: www.3harecourt.com
Travel & Aviation Bulletin – Summer 2024 – 3 Hare Court
‘Welcome to the Summer 2024 issue of our Travel & Aviation Bulletin, edited by Christopher Loxton. Whether you’re mourning the end of your summer holidays, or longing for the start of them, we hope this latest issue will provide some welcomed insights relevant to travel and aviation practitioners alike. From the termination of package holidays, to the jurisdictional challenge in the proceedings concerning aircraft detained in Russia, to relief from sanctions and expert evidence, to the contributory negligence and the limits on damages under Montreal Convention, we hope there is something in here for everyone.’
3 Hare Court, 21st August 2024
Source: www.3harecourt.com
Compensation claims over cruise norovirus outbreak – BBC News
‘A cruise operator is facing claims for refunds and compensation after hundreds of passengers were taken ill on board.’
BBC News, 3rd September 2024
Source: www.bbc.co.uk
‘Paying £240 holiday school fine was a no-brainer’ – BBC News
‘Mrs Melling and her husband Paul from Leyland, Lancashire, were each fined £120 after taking their children out of primary school for a trip to Egypt.’
BBC News, 18th July 2024
Source: www.bbc.co.uk
Schools were both entitled to full refund of ski trip deposits under Package Travel and Linked Travel Arrangements Regulations, judge rules – Local Government Lawyer
‘A Circuit Judge has ruled that an international school trip was covered by the Package Travel and Linked Travel Arrangements Regulations 2018, which entitled two schools to terminate their contracts with a travel provider during the Covid Pandemic.’
Local Government Lawyer, 4th July 2024
Source: www.localgovernmentlawyer.co.uk
‘Tourist tax’ on hold as hotels appeal – BBC News
‘The first so-called coastal tourist tax in the UK, set to be introduced in parts of Dorset, has been put on hold following opposition from hotels.’
BBC News, 1st July 2024
Source: www.bbc.co.uk
The tricky task of making a Child Arrangements Order: directive or undefined? (and how to seek clarification from the judge?) – Transparency Project
‘This appeal case sheds light on the “bread and butter” work of private children law proceedings. The court and the lawyers are tasked with trying to negotiate, determine and then capture in writing the child arrangements between two parents who cannot, or will not, work together. Emotions are high and every detail feels high stakes.’
Transparency Project, 26th June 2024
Source: transparencyproject.org.uk
Easter Break
There will be no posts over the Easter holiday. We will resume posting on 2nd April 2024
Pontins served ‘unlawful act notice’ over discrimination against Irish Travellers – The Guardian
‘The holiday park operator Pontins has been served with an “unlawful act notice” after an investigation by the equality watchdog found multiple instances of race discrimination against Irish Travellers.’
The Guardian, 15th February 2024
Source: www.theguardian.com
Case Comment: TUI Limited v Griffiths [2023] UKSC 48 – UKSC Blog
‘In this case, Catherine McAndrew, a Senior Associate in the Insurance and Reinsurance team at CMS, comments on the Supreme Court’s decision in TUI Limited v Griffiths [2023] UKSC 48, which was handed down on 29 November 2023.’
UKSC Blog, 26th January 2024
Source: ukscblog.com
Griffiths v. TUI UK Limited: Evidence, Challenge and Fairness – UK Human Rights Blog
‘The central question facing the Supreme Court in Griffiths v TUI UK Limited [2023] UKSC 48 concerned the extent to which a party must put criticisms of a witness’ evidence to him in cross-examination. The Supreme Court made clear that the general rule in civil cases is that a party is required to challenge by cross-examination the evidence of any witness (whether factual or expert) if he wishes to submit that the evidence should not be accepted by the court. Importantly, this rule is not confined to allegations that the witness is dishonest. The rule is, however, a flexible one; it will not always be necessary for every point of challenge to be put to a witness, and in some cases (such as where evidence is “manifestly incredible”) it may not apply at all. Although the Supreme Court gave a conceptually clear answer to the question before it, difficult practical issues are likely to continue to arise for trial advocates who wish to challenge factual or expert witness evidence.’
UK Human Rights Blog, 3rd January 2024
Source: ukhumanrightsblog.com
A New Cause of Action is Born … On the Beach Ltd & Others v Ryanair UK Limited & Others [2023] EWHC 2694 (Comm) – International & Travel Law Blog
‘In this action On the Beach Ltd (OTB) and associated companies sought to recover from Ryanair sums for which OTB was liable to its customers pursuant to the Package Travel and Linked Travel Arrangements Regulations 2018 (the PTRs).’
International & Travel Law Blog, 2nd November 2023
Griffiths v TUI: Supreme Court Unanimously Allows Appeal – International & Travel Law Blog
‘The Supreme Court has handed down its long-awaited judgment in Griffiths v TUI [2023] UKSC 48, an appeal which directly concerns a Package Travel holiday sickness claim but which will also indirectly affect all those who are involved in civil litigation, due to wide ramifications of the Court’s consideration of the issue of uncontroverted expert evidence. In this post, Peter Hale considers the Supreme Court’s decision to overturn the decision of the majority of the Court of Appeal.’
International & Travel Law Blog, 29th November 2023
Fairness Trumps All: Supreme Court Reverses the Decision of the Court of Appeal in TUI UK Ltd v Griffiths – Ropewalk Chambers
‘The Supreme Court has handed down its highly anticipated decision in TUI UK Ltd v Griffiths [2023] UKSC 48. The Supreme Court unanimously allowed the appeal of the Claimant, reversing the decision of the Court of Appeal.’
Ropewalk Chambers, 30th November 2023
Source: ropewalk.co.uk
UK Supreme Court ruling clarifies fair treatment of expert evidence at trial – OUT-LAW.com
‘A decision by the UK Supreme Court has made it clear that the principle of fairness in relation to expert evidence means a party should not entirely reserve its criticisms of an expert’s evidence for closing submissions.’
OUT-LAW.com, 6th December 2023
Source: www.pinsentmasons.com
Covid and cancelled school trips – Local Government Lawyer
‘Sarah Prager KC analyses the latest instalment in the great Covid refund saga.’
Local Government Lawyer, 18th July 2023
Source: www.localgovernmentlawyer.co.uk
