Category: holidays

High Court to rule on Isle of Wight term-time holiday case – BBC News

Posted May 13th, 2016 in fines, holidays, news, parental responsibility, school children, truancy by tracey

‘The case of a father who refused to pay a £120 fine for taking his daughter on an unauthorised term-time holiday is due to be heard by the High Court. Magistrates had ruled that Jon Platt had no case to answer as, overall, his daughter had attended school regularly. But Isle of Wight Council has asked the High Court to clarify whether a seven-day absence amounts to a child failing to attend regularly.’

Full story

BBC News, 13th May 2016

Source: www.bbc.co.uk

Parent who won term-time holiday court case fined again – Daily Telegraph

Posted February 4th, 2016 in education, fines, holidays, local government, news by tracey

‘ A man who successfully fought a prosecution for taking his kids out of school for a family holiday has been fined a second time by the same council. Jonathan Platt made headlines in October last year when he avoided prosecution for taking his six-year-old daughter to Disney World in term time, arguing that her unauthorised absence did not mean she failed to attend school on a regular basis.’

Full story

Daily Telegraph, 3rd February 2016

Source: www.telegraph.co.uk

Just walk away (beforehand) – Nearly Legal

Posted January 4th, 2016 in holidays, landlord & tenant, leases, news, service charges by sally

‘Briefly, the issue was that lease clauses for some (but not all) holiday chalet leases in the Gower effectively provided for a 10% per annum increase in fixed charges for maintenance etc. The compound effect of this was that leases that started with a £90 pa service charge in 1974 would have a charge of £1,025,004 pa by the end of the term in 2072. Even by 2012, the amount payable was considerably in excess of the actual costs to the landlord of the services.’

Full story

Nearly Legal, 1st January 2016

Source: www.nearlylegal.co.uk

Prosecuting parents for term-time holidays – Education Law Blog

Posted November 10th, 2015 in appeals, education, fines, holidays, local government, news, parental responsibility by sally

‘We posted last month about a decision by a magistrates’ court on the Isle of Wight to throw out the prosecution of a parent for taking his child on holiday during term time. The BBC reports that the local authority has appealed and that the question is whether “the unauthorised absence of a child for seven consecutive school days on holiday… amounts to the child failing to attend the school regularly“.’

Full story

Education Law Blog, 5th November 2015

Source: www.education11kbw.com

Home is where… the structure is annexed to the ground – Hardwicke Chambers

Posted August 27th, 2015 in holidays, landlord & tenant, news by sally

‘This was one of those rare cases where the facts just do not fit comfortably with the law.’
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Hardwicke Chambers, 12th August 2015

Source: www.hardwicke.co.uk

A key new case on jurisdiction where an accident happens abroad during a holiday booked from the UK: Brownlie v Four Seasons Holdings Incorporated [2015] EWCA Civ 665 – Henderson Chambers

Posted July 27th, 2015 in accidents, civil procedure rules, holidays, jurisdiction, news, personal injuries, witnesses by sally

‘In a wide-ranging decision earlier this month, the Court of Appeal has clarified a number of key questions on jurisdiction where an accident happens abroad during a holiday booked from UK. Most significantly, Arden LJ (giving the leading judgment) held that direct damage in the jurisdiction is required to come within the tort jurisdictional gateway in the CPR, effectively overruling earlier first instance decisions that indirect or consequential damage was sufficient. While this would prevent many overseas accidents from being litigated in the UK, Arden LJ did carve out an exception for Fatal Accident Act claims, which she considered involved “direct damage” in the UK. She also took the opportunity to provide her own “gloss” on the so-called “Canada Trust gloss”. Peppered throughout the judgment are some blistering but instructive observations on defective witness statements.’

Full story

Henderson Chambers, 24th July 2015

Source: www.hendersonchambers.co.uk

Bailiffs visit parents who took child out of school – Daily Telegraph

Posted April 13th, 2015 in appeals, bailiffs, education, holidays, local government, news, parental responsibility, school children by sally

‘Parents hit with £1,200 bill after taking teenage son on holiday during school term.’

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Daily Telegraph, 9th April 2015

Source: www.telegraph.co.uk

Tina Love jailed over Butlins nose-bite panto attack – BBC News

Posted February 16th, 2015 in assault, grievous bodily harm, holidays, news, sentencing by sally

‘A woman who bit off part of another woman’s nose at Butlins during a children’s pantomime has been jailed.’

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BBC News, 13th February 2015

Source: www.bbc.co.uk

Parents face court over term-time break after schools split on permission – The Guardian

Posted January 23rd, 2015 in education, families, fines, holidays, local government, news, school children by sally

‘A Rotherham couple have fallen foul of a government crackdown on term-time holidays after they applied for permission to take their two children on a family trip and were told that their daughter’s school had approved the request but their son’s had turned it down.’

Full story

The Guardian, 22nd January 2015

Source: www.guardian.co.uk

Accidents abroad: The need for evidence of local standards – Zenith PI Blog

Posted January 15th, 2015 in accidents, foreign jurisdictions, health & safety, holidays, news, personal injuries by sally

‘A holidaymaker who sustained personal injuries from slipping on a wet staircase in a hotel in Spain succeeded at first instance in a claim against the holiday operator. The Court of Appeal overturned the first instance decision where there had been no evidence of local standards of care and the judge had wrongly imposed an evidential burden of proof on the holiday company to prove it exercised reasonable care and skill in performance of the contract.’

Full story

Zenith PI Blog, 13th January 2015

Source: www.zenithpi.wordpress.com

Parents seek judicial review of term-time holiday crackdown – The Guardian

Posted May 27th, 2014 in holidays, judicial review, news, school children by sally

‘Campaigners are seeking permission for a judicial review of the government’s crackdown on parents taking their children out of school during term time.’

Full story

The Guardian, 25th May 2014

Source: www.guardian.co.uk

Mother escapes fine for taking children out of school to go on holiday because they were star pupils – Daily Telegraph

Posted May 2nd, 2014 in fines, holidays, news, parental responsibility, school children by tracey

‘The mother of two, who was prosecuted for taking her two children out of school for five days to go to a UK holiday camp, does not have to pay a fine because the children’s education is “well up to standard”, court hears.’

Full story

Daily Telegraph, 2nd May 2014

Source: www.telegraph.co.uk

Supreme Court decision provides much-needed clarity on VAT status of online tour operators, says expert – OUT-LAW.com

Posted March 6th, 2014 in agency, holidays, news, Supreme Court, taxation, VAT by tracey

‘A travel company which marketed and arranged the sale of holiday accommodation to holidaymakers through its website was acting as an “agent” for the providers of that accommodation, and so did not have to account for VAT on those sales, the UK’s highest court has ruled.’

Full text

OUT-LAW.com, 5th March 2014

Source: www.out-law.com

Injured holidaymaker entitled to compensation, but Court of Appeal upholds ‘local standards’ defence – OUT-LAW.com

Posted November 12th, 2013 in appeals, compensation, health & safety, holidays, news, personal injuries by tracey

“The High Court was wrong to state that a Barbados hotel had to comply with the latest safety standards on an ongoing basis in order for a tour operator to escape liability for injury to a holidaymaker, the Court of Appeal has ruled.”

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OUT-LAW.com, 11th November 2013

Source: www.out-law.com

Holidaymaker who sued after walking into glass door in bikini wins case in serious blow to UK travel industry – Daily Telegraph

Posted November 7th, 2013 in appeals, damages, health & safety, holidays, news, personal injuries by tracey

“A holidaymaker who suffered life-threatening cuts after walking into a plate glass door in her bikini has fought off a bid to strip her of her damages award, in what it has been desribed as a serious blow to the UK travel industry.”

Full story

Daily Telegraph, 7th November 2013

Source: www.telegraph.co.uk

£5m compensation for 1,000 who had holiday from hell – Daily Telegraph

Posted July 19th, 2013 in compensation, consumer credit, holidays, insurance, news by sally

“Around 1,000 holidaymakers will share a total pot of £5m from First Choice, Thomas Cook and My Travel after a “holiday from hell” court case concluded.”

Full story

Daily Telegraph, 18th July 2013

Source: www.telegraph.co.uk

Working Time: Holidays – 11 KBW

Posted June 7th, 2012 in holiday pay, holidays, news, working time by sally

“Working time is a notoriously complex area, where the interplay between opaque judgments from the CJEU and the complexities of the Working Time Regulations 1998 is capable of causing uncertainty and confusion. Over the last 12 months, the most important working time cases have been on holidays. Some of those cases are likely to have significant financial impact for employers across the piece. This paper 1 attempts to navigate through them in a summary way, dealing with the three areas that are likely to be most important for employers and employees:
(i) What should ‘pay’ be for annual leave?
(ii) When can an employer insist that leave is taken?
(iii) What is the interplay between sickness absence and holiday pay/entitlement?”

Full story (PDF)

11 KBW, 1st June 2012

Source: www.11kbw.com

Holidays 4 UK clients face long wait for compensation – The Guardian

Posted August 5th, 2011 in compensation, holidays, news by sally

“Thousands of holidaymakers who had their summer getaways ruined by the collapse of tour operator Holidays 4 UK have been told they may have to wait months for compensation.”

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The Guardian, 4th August 2011

Source: www.guardian.co.uk

Holiday Atol protection set to be expanded – BBC News

Posted February 3rd, 2011 in consumer protection, holidays, news by sally

“More holidaymakers are set to be protected from losses when a travel company goes bust, the government has confirmed.”

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BBC News, 3rd February 2011

Source: www.bbc.co.uk

Thomson ordered to pay damages to sick Spain tourists – BBC News

Posted January 17th, 2011 in damages, holidays, news, personal injuries by sally

“A judge has ruled that one of the UK’s largest tour operators should have warned holidaymakers about an outbreak of illness at a Spanish resort.”

Full story

BBC News, 14th January 2011

Source: www.bbc.co.uk