Short lets and breach of lease – Nearly Legal
‘A couple of First Tier Tribunal decisions to add to the growing pile of findings that short let use is in breach of lease.’
Nearly Legal, 14th March 2020
Source: nearlylegal.co.uk
Category: holidays
Call for English councils to be given powers to regulate Airbnb – The Guardian
‘Local councils in England must be given powers to regulate Airbnb and other short-term letting sites in order to alleviate the “intolerable” pressure they put on the availability of local housing, the Green party MP, Caroline Lucas, has said.’
The Guardian, 21st February 2020
Source: www.theguardian.com
Extinction Rebellion activists cleared after arresting officer books holiday during trial – Daily Telegraph
‘A group of Extinction Rebellion (XR) protestors who brought City of London Airport to a standstill were given £280 to cover travel costs to court, after their case collapsed because a key police witness is on holiday.’
Daily Telegraph, 28th January 2020
Source: www.telegraph.co.uk
Public footpath rerouted after two year legal battle because ramblers kept walking through nudist campsite – Daily Telegraph
‘A public footpath is to be rerouted following a two-year battle by a nudist campsite to stop ramblers wandering through the grounds.’
Daily Telegraph, 26th January 2020
Source: www.telegraph.co.uk
Contempt and pre-action conduct – Law Society’s Gazette
‘In the landmark decision in Jet2 Holidays Limited v Hughes & Hughes [2019] EWCA Civ 1858, the Court of Appeal (Sir Terence Etherton MR, Hamblen and Flaux LJJ) confirmed that the High Court has jurisdiction to commit for contempt of court in respect of false witness statements made under a pre-action protocol (PAP) even though proceedings were never issued.’
Law Society's Gazette, 13th January 2020
Source: www.lawgazette.co.uk
Appeal court allows contempt proceedings based on pre-action witness statements – Law Society’s Gazette
‘The Court of Appeal has allowed a holiday company to bring contempt proceedings against two holiday-makers based on statements made before proceedings were even issued.’
Law Society's Gazette, 14th November 2019
Source: www.lawgazette.co.uk
Thomas Cook collapse leaves PI claimants unprotected – Litigation Futures
‘The government has pledged to set up a statutory compensation scheme for people making personal injury claims against failed holiday company Thomas Cook after it emerged the firm mainly self-insured them.’
Litigation Futures, 7th November 2019
Source: www.litigationfutures.com
MPs announce inquiry into Thomas Cook collapse – The Guardian
‘MPs are to hold an inquiry into the role of “corporate greed” in the collapse of Thomas Cook, focusing on directors’ stewardship of the company, how much they were paid and how its accounts were prepared and signed off by auditors.’
The Guardian, 26th September 2019
Source: www.theguardian.com
Scope of a holiday provider’s liability, by Malcolm Johnson – Law Society Gazette
‘In X v Kuoni Travel Ltd [2019] UKSC 37, the claimant was on holiday with her husband in Sri Lanka on a package holiday purchased from the defendant. While on her way to the hotel reception, she came across a member of the hotel staff, who was employed as an electrician. He offered to show her a short cut to reception, but instead sexually assaulted her. She claimed damages against the defendant for breach of contract under the Package Travel, Package Holidays and Package Tours Regulations 1992 …’
Law Society Gazette, 23rd September 2019
Source: www.lawgazette.co.uk
Jail for holiday sickness claims fraudster – Litigation Futures
‘A fraudster who drummed up false holiday sickness claims over several years has been jailed for 12 months.’
Litigation Futures, 19th August 2019
Source: www.litigationfutures.com
Holiday chaos looms as attempts by BA to block pilot strikes fail – The Guardian
‘Strikes by British Airways pilots could disrupt hundreds of thousands of holidaymakers from August after the airline lost a second legal attempt to block industrial action.’
The Guardian, 31st July 2019
Source: www.theguardian.com
New Judgment: X v Kuoni Travel Ltd [2019] UKSC 37 -UKSC Blog
‘This appeal considered whether the respondent is liable to the appellant for breach of contract and/or under the Package Travel, Package Holidays and Package Tours Regulations, reg 15.’
UKSC Blog, 24th July 2019
Source: ukscblog.com
Fraudsters ‘stole £7m’ from holidaymakers in 2018 – BBC News
‘More than 5,000 people were the victims of holiday booking fraud last year, with their total losses amounting to £7m, research suggests.’
BBC News. 7th May 2019
Source: www.bbc.co.uk
Easter Break
There will be no posts over the Easter weekend (Friday 19th April – Monday 22nd April inclusive) during which time the Library will be closed. We will resume posting on Tuesday 23rd April.
New laws on payslip information come into force this week – The Guardian
‘New laws on payslips come into force from this week, requiring employers to set out variable rates of pay and hours worked so that workers can more easily check that they are receiving the minimum wage.’
The Guardian, 8th April 2019
Source: www.theguardian.com
The Employment Rights of Uber Drivers: A Battle Won, the War Goes On – Oxford Human Rights Hub
‘The judgment of the English Court of Appeal in Uber B.V. & others v Aslam & others (Case No: A2/2017/3467; 19 December 2018) has been hailed as a victory for workers. Uber’s business model, in common with many digital platforms, depends on classifying its drivers as independent contractors, who do not enjoy the rights of “employees” or “workers”. In essence, the majority of the Court endorsed the finding of the Employment Tribunal (ET) that these contractual provisions “do not correspond with the practical reality” and that the notion of Uber in London as “a mosaic of 30,000 small businesses linked by a common ‘platform’ is to our minds faintly ridiculous.”’
Oxford Human Rights Hub, 14th January 2019
Source: ohrh.law.ox.ac.uk
Who gets the children at Christmas? – Family Law
‘For many families, Christmas is a happy time of year. But for those who may be newly separated, it can be a time of heartbreak. This leads to the very important question – who gets the children at Christmas? Monica Blizzard, a director of KHQ Lawyers and head of the family and relationship law team, looks at the details.’
Family Law, 19th December 2018
Source: www.familylaw.co.uk
“Being a good sport”. Supreme Court decision – Henderson Chambers
‘“Being a good sport”: the Supreme Court considers for the first time the extent to which the right to the use of sporting facilities may be conferred by way of easement. (Regency Villas Title Ltd & Ors v Diamond Resorts (Europe) Ltd & Ors [2018] UKSC 57)’
Henderson Chambers, 15th November 2018
2017 reforms to the NHS charging regime for ‘overseas visitors’ upheld – 11 KBW
‘Judgment was handed down today in R (MP) v Secretary of State for Health and Social Care [2018] EWHC [3392] (Admin). Lewis J upheld the changes to system of charging ‘overseas visitors’ (those not ordinarily resident in the UK) for use of NHS services brought about by the National Health Service (Charges to Overseas Visitors) Amendment Regulations 2017 (“the 2017 Regulations”).’
11 KBW, 10th December 2018
Source: www.11kbw.com
Supreme Court: grant of recreational rights over land can be easement – OUT-LAW.com
‘The right to free use of sporting and recreational facilities provided in a country club environment can be an easement, providing that certain conditions are met, the UK’s highest court has confirmed.’
OUT-LAW.com, 15th November 2018
Source: www.out-law.com
