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Food for thought

17 March 2017 / Andrew Young
Issue: 7738 / Categories: Features , Personal injury
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Andrew Young considers how gastric illness claims have been impacted by Wood v Tui UK Ltd

  • Wood v Tui UK Ltd provides good news for claimants bringing claims against tour operators in relation to food poisoning suffered on package holidays.

For a long time, a controversial issue in travel law has been whether tour operators selling package holidays are subject to strict liability in respect of claims brought by clients for food poisoning caused by eating contaminated food at the hotel where they stayed as part of the package contract or whether they have to prove negligence or improper performance under the Package Travel Regulations in order to bring a successful claim. In two unreported first instance decisions, Kempston v First Choice Holidays & Flights Ltd (HHJ Stephen Davies, Lawtel, 7 June 2007) and Antcliffe v Thomas Cook Tour Operations Ltd (HHJ Worster, Lawtel, 4 July 2012), the court on both occasions upheld the claimant’s argument in favour of strict liability, on the basis that this was imposed on the tour operator

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MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

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Jackson Lees Group—five promotions

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NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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