Travel law Quarterly

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The Digest Issue Two 2010

by Professor David Grant

News and recent developments in law and practice in the travel industry

The Horizontal Challenge for Airlines

by Chris Dixon

This article discusses the Montreal Convention and the meaning of ‘accident’ in relation to injuries caused by an oversize passenger.

The Impact Of The Jointly Owned Property Law On Hotels And Branded Operators In Dubai

by Brent Baldwin

In this article the author considers some of the real estate laws that have been introduced to regulate the real estate market in Dubai, and in particular the ‘hotel mixed-use’ developments that help make Dubai a prime holiday destination for its many thousands of visitors each year. Many of these developments include freehold apartments for residential living or which are placed back into a hotel letting pool or both, and it is interesting to consider the impact of recent legal developments on this segment of the Dubai hotel and leisure market.

The Proposed EU Accident Investigation Regulation - Are You Prepared?

by Joanna Kolatsis

This article discusses the EU proposals for a new Accident Investigation Regulation and the impact this may have on safety and accident reporting.

The Temporal Scope of the Rome II Convention: When does it Apply?

by Frances McClenaghan

Faced with a claim concerning an accident that has occurred abroad, one of the first questions for the lawyer concerned will be what law applies, and to which issues. As can be seen from the case law in this area, the choice of law can often have a significant impact on the amount of damages recoverable.

The Thomas Cook/CGL/Midlands Merger

by Jeremy Robinson

This article looks at the procedure which had to be followed, in the EU and the UK, before a merger could go ahead between Thomas Cook, the Co-operative Group Ltd and the Midlands Co-operative Society Ltd.

Thumbs Up for Lax Pleading

by Robert Sowersby

This article discusses the case of Adams v Thomson Holidays Ltd [2009] EWHC 2559 and how the court dealt with the issue of how a case arising under the Athens Convention is to be pleaded.

Titshall v Qwerty Travel - Travel Agents Beware!

by Joanna Kolatsis

This case discusses the thorny issue of when travel arrangements amount to a ‘package’ or not. In this case the travel agent was held to have sold a package - with all the liabilities that go with it.

Tourist Water Safety: An Australian Update

by Jeff Wilks

In the context of the recent publication of Surf Life Saving Australia’s 2010 National Coastal Safety Report ‘Preventing Coastal Drowning Deaths in Australia’ this article examines the needs of international visitors who require special attention at destinations where the environment and the activities they undertake are unfamiliar.

Travel Republic - Horse Sense or Just Bull?

by Stephen Mason

This article examines the recent decision in the case of CAA v Travel Republic which turned on the interpretation of the term ‘package’ in the Package Travel Regulations 1992.

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