English Cases
ABTA v CAA [2006] EWCA Civ 1299
This is the decision in the Court of Appeal case between ABTA and the CAA which discusses in detail the definition of a ‘package’.
ABTA v CAA [2006] EWHC 13 (Admin)
This is the High Court decision in ABTA v CAA which discusses the definition of ‘package’. The decision was subsequently affirmed by the Court of Appeal (a decision also on this website) but the Court of Appeal took a different approach to the definition of ‘package’.
Allen v Balkan Holidays Ltd [2010] EW Misc 12 (EWCC)
This is a County Court case which contributes to a growing body of jurisprudence on the issue of ‘local standards’. It suggests that in the absence of evidence relation to local safety regulations the court can decide the matter on the basis of pregailing local standards of negligence.
Civil Aviation Authority v Travel Republic Ltd [2010] EWHC 1151 (Admin)
This is the decision by the Divisional Court which rejected the appeal by the CAA against the decision of Westminster Magistrates’ Court - a decision which held that Travel Republic were not selling ‘packages’ over the internet.
Codd v Thomson Tour Operators Ltd [2000] EWCA Civ 5666
An early Court of Appeal case on ‘local standards’.
Cook v Spanish Holiday Tours (1960) (CA)
Early Court of Appeal case awarding damages for distress and disappointment
Dawkins v Carnival plc (t/a P&O Cruises) [2011] EWCA Civ 1237
This is a Court of Appeal case concerning a personal injury on board a cruise ship. The action was brought under the Athens Convention on Carriage of Passengers and their Luggage by Sea (1974). The case turned on whether reasonable care had been taken of the injured passenger. A liquid had been spilt in one of the cafeterias on board the ship and the question arose as to how long it had been on the floor before the passenger slipped on it. Evidence was provided of the system the defendant used to deal with spillages but no one from the crew gave evidence. The court concluded that on the balance of probabilities the liquid had been there for longer than the brief period which would have excused the defendants from taking remedial action.
Evans v Kosmar [2007] EWCA Civ 1003
This is a personal injury appeal heard in the Court of Appeal which discusses the issue of ‘local standards’.
First Choice Holidays and Flights Ltd v Holden [2006] EWHC 3775
This case, involving a slip and fall in a Tunisian hotel, is another case on ‘local standards’.
