New Judgment: X v Kuoni Travel Ltd [2021] UKSC 34 – UKSC Blog

Posted August 3rd, 2021 in contracts, EC law, holidays, hotels, news, rape, Supreme Court by sally

‘The Supreme Court unanimously allowed this appeal concerning whether a hotel employee working for the respondent was in breach of contract after having raped and assaulted the defendant, and/or gave rise to liability under the Contract and the Travel, Package Holidays and Package Tours Regulations 1992 (“the Regulations”).’

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UKSC Blog, 30th July 2021

Source: ukscblog.com

What Are The Rights-Based Implications Of Vaccine Passports? – Each Other

Posted June 23rd, 2021 in coronavirus, equality, holidays, human rights, news, passports, vaccination by sally

‘Following news that 15 EU countries are issuing Covid-19 vaccine passports for travel, the debate over whether vaccine passports are fair is growing.’

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Each Other, 21st June 2021

Source: eachother.org.uk

Windrush scandal victim Richard Black to return to UK after 38-year exile – The Independent

Posted April 30th, 2021 in citizenship, colonies, holidays, immigration, news, passports, visas by tracey

‘A Windrush man who has been stranded in Trinidad and Tobago for almost 40 years after his UK citizenship was withdrawn is set to return to Britain.’

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The Independent, 29th April 2021

Source: www.independent.co.uk

Covid: £5,000 fine for people going on holiday abroad – BBC News

Posted March 23rd, 2021 in coronavirus, fines, holidays, news, regulations by sally

‘A £5,000 fine for anyone in England trying to travel abroad without good reason is due to come into force next week as part of new coronavirus laws.’

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BBC News, 23rd March 2021

Source: www.bbc.co.uk

Using leasehold property for holiday lets – Becket Chambers

Posted February 25th, 2021 in covenants, holidays, leases, news by sally

‘As we start to consider the possibility of lockdown lifting and our thoughts recklessly stray to the idea of getting away from it all, I thought I would dampen the exuberance by reminding us all of the perils of using leasehold property for holiday lets (Airbnb or otherwise).’

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Becket Chambers, 24th February 2021

Source: becket-chambers.co.uk

Christmas Break

Posted December 21st, 2020 in holidays, law reports by sally

There will be no posts during the Inner Temple Library’s Christmas closure period which starts at 2pm on 21st December. We will resume posting on 4th January 2021.

Happy Christmas and thanks for reading!

LoveHolidays to refund £18m for cancelled holidays – BBC News

Posted December 15th, 2020 in coronavirus, holidays, news, regulations, repayment by tracey

‘LoveHolidays, one of the UK’s biggest online travel agents, has been ordered to refund £18m to more than 40,000 customers after their trips were cancelled due to the coronavirus outbreak.’

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BBC News, 15th December 2020

Source: www.bbc.co.uk

Westergate primary school snooping-accused teacher cleared – BBC News

Posted September 30th, 2020 in computer crime, electronic mail, employment, holidays, news, privacy, teachers by sally

‘A teacher who spoke out about alleged “overgrading” of pupils’ work has been cleared of snooping on her colleagues’ emails.’

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BBC News, 29th September 2020

Source: www.bbc.co.uk

Expanded Scope to the Package Holidays Regulations: An Overview – 33 Bedford Row

Posted July 8th, 2020 in chambers articles, consumer protection, coronavirus, holidays, news by sally

‘The package travel industry is going through unprecedented times, however, there may be some positive signs on the horizon. Travel is likely to return and, as Augustine of Hippo said, the world is a book and those who do not travel only read one page. Taking a long term view, it might be said that, in keeping with Augustine’s description of the world, people will continue to read as many pages as possible, because normally, holiday travel is a key event in most people’s annual calendar. It is estimated that 9 in 10 people from the UK went on a holiday in 2019 and in the same year, outbound travel contributed £37.1Bn to the UK economy.’

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33 Bedford Row, 6th July 2020

Source: www.33bedfordrow.co.uk

Triplerose Limited v Beattie and Beattie [2020] UKUT 180 (LC) – Tanfield Chambers

‘A lease that contains a covenant against use other than as a private dwellinghouse is breached where the tenant opts to let the property out on short term lets through sites such as Airbnb and Booking.com. However, where the tenant still makes regular use of the property as a residence in and around those bookings, the tenant will not be in breach of a separate covenant not to carry on a business from the property (as distinct from a covenant not to use the property for a business).’

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Tanfield Chambers, 30th June 2020

Source: www.tanfieldchambers.co.uk

Use as a Private Dwelling House Does Not Include Shortterm Holiday Lets – St Ives Chambers

Posted July 1st, 2020 in appeals, chambers articles, covenants, holidays, leases, news, tribunals by sally

‘Many property owners are taking advantage of new technology to advertise short term stays at their properties on various platforms. Two of the most common are Airbnb and Booking.com. Changes to the tax relief available on buy to let mortgages has also caused a move towards Furnished Holiday Lettings.’

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St Ives Chambers, June 2020

Source: www.stiveschambers.co.uk

The Coronavirus Job Retention Scheme: more holiday cancellations? – Littleton Chambers

Posted June 12th, 2020 in chambers articles, coronavirus, employment, holiday pay, holidays, news by sally

‘David Reade QC and Daniel Northall provide their fourth update on the Coronavirus Job Retention Scheme and examine the relationship between furlough and annual leave.’

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Littleton Chambers, 5th June 2020

Source: littletonchambers.com

Guidance on making staff take holiday during the Coronavirus outbreak – Cloisters

Posted June 2nd, 2020 in contract of employment, coronavirus, EC law, holidays, news, working time by sally

‘In this article, Declan O’Dempsey considers the implications of the Guidance issued by the government on 13 May 2020 on holiday entitlement and pay during coronavirus (Covid-19) and urges employers to use considerable caution in seeking to follow the Guidance ordering workers to take annual leave on dates specified by the employer. Employers who choose to order staff to take holidays on specific dates within the Coronavirus outbreak shut down may face contractual or tribunal claims later. Further, the legal uncertainty may mean that they will face claims for penalising those who assert a right to take annual leave at a non-Covid 19 affected time or who refuse to take the leave as annual leave.’

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Cloisters, 19th May 2020

Source: www.cloisters.com

Travel and Holiday Claims amid a Global Lockdown – Henderson Chambers

Posted May 29th, 2020 in airlines, contracts, coronavirus, EC law, holidays, hotels, news, regulations, transport by sally

‘The world-wide lockdown in response to the Covid-19 pandemic will have an unprecedented financial impact, not only on businesses in all areas of the economy but also on consumers. Public gatherings are banned or strictly limited and events have been cancelled or postponed. Future travel plans remain uncertain, with the borders of many other countries remaining closed to travellers from the UK and strict 14-day quarantine measures set to be imposed on those entering the UK from the end of May. Many companies are refusing or delaying offering refunds to affected consumers, who may have to resort to litigation to protect their rights. This alerter provides a broad overview of several affected areas, including package holidays, travel, holiday accommodation and events.’

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Henderson Chambers, 19th May 2020

Source: www.hendersonchambers.co.uk

Coronavirus: What powers do the police have? – BBC News

Posted May 14th, 2020 in coronavirus, fines, holidays, news, police, regulations by sally

‘Boris Johnson has changed the lockdown rules in England, allowing people to spend more time outdoors.’

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BBC News, 13th May 2020

Source: www.bbc.co.uk

Holiday Claims And COVID-19: What Options Do You Have If Your Travel Plans Are Disrupted? – 3PB

Posted May 12th, 2020 in airlines, chambers articles, coronavirus, holidays, insurance, news by sally

‘On 23rd March 2020 the UK government went into lockdown in an attempt to curb the spread of Covid-19 in the country. The Foreign and Commonwealth Office has advised British people against all non-essential travel abroad due to unprecedented border closures. In relation to cancelled travel plans, the FCO further advised travellers to get in touch with their airline, travel company, or other transport and accommodation provider, or their insurer. However, recent reports in the media suggest that some holidaymakers who have requested refunds have instead been offered credit notes, or deferred bookings. Many are, of course, concerned that deferred bookings might not suit them due to inability to travel at a later stage, or where credit notes have been offered, that these might not be viable if the companies go bankrupt. Some have also turned to their banks; in a number of cases, without success.’

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3PB, 4th May 2020

Source: www.3pb.co.uk

Coronavirus: Watchdog threatens legal action on holiday refunds – BBC News

‘Firms that fail to refund people for holidays and weddings cancelled because of the coronavirus outbreak could face legal action by the consumer watchdog.’

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BBC News, 30th April 2020

Source: www.bbc.co.uk

The Interplay of the Coronavirus Job Retention Scheme & Holiday by Adam Willoughby – Broadway House Chambers

‘With the prospect of several bank holidays on the horizon with little indication as to how long circumstances may require continued periods of furlough under the Coronavirus Job Retention Scheme (‘the Scheme’), many employers will be worried as to how they deal with the interaction between furlough and annual leave. Specifically, whether they can require annual leave to be taken during furlough and how they deal with bank holidays where they are included within employee’s annual leave entitlement under their contracts of employment.’

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Broadway House Chambers, 9th April 2020

Source: broadwayhouse.co.uk

Package Travel and Educational Institutions – 39 Essex Chambers

‘Is a field trip provided by a university to undergraduates as part of a degree course a package tour? The court considered the question in McCulloch v University of Leicester (HHJ Hedley, 27 February 2020).’

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39 Essex Chambers, 8th April 2020

Source: www.39essex.com

The Coronavirus Job Retention Scheme: More Holiday Cancellations? – Littleton Chambers

Posted April 16th, 2020 in coronavirus, employment, holidays, news by sally

‘With the JRS there are precious few known knowns, plenty of known unknowns and one suspects a few unknown unknowns; that is to say, things we only realise we didn’t know when the detailed rules of the scheme are published.’

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Littleton Chambers, 2nd April 2020

Source: www.littletonchambers.com