Claims for food poisoning under the Package Travel Regulations
Produced in partnership with Katherine Allen of Hugh James
Claims for food poisoning under the Package Travel Regulations

The following PI & Clinical Negligence practice note produced in partnership with Katherine Allen of Hugh James provides comprehensive and up to date legal information covering:

  • Claims for food poisoning under the Package Travel Regulations
  • Proving breach of contract
  • Proving illness
  • Causation
  • Was the contaminated food part of the package holiday?
  • The Pre-Action Protocol for Resolution of Package Travel Claims

Claims for food poisoning under the Package Travel Regulations

This Practice Note will identify the factors that need to be considered when making a claim for damages for loss caused as a result of food poisoning under the:

  1. Package Travel, Package Holidays and Package Tours Regulations 1992 (the 1992 Package Travel Regs), SI 1992/3288, or

  2. Package Travel and Linked Travel Arrangements Regulations 2018 (the 2018 Package Travel Regs), SI 2018/634

Package holidays sold or offered for sale on or after 31 December 1992 until 30 June 2018 are governed by the 1992 Package Travel Regs. Packages sold on or after 1 July 2018 are governed by the 2018 Package Travel Regs.

You can access a copy of the 1992 Package Travel Regs here:

For general guidance on package holiday claims, see Practice Note: Package holiday claims.

Proving breach of contract

Despite the fact that this would be a claim against the tour operator under the 1992 Package Travel Regs, SI 1992/3288, reg 15 or 2018 Package Travel Regs, SI 2018/634, regs 15 and 16, it is now accepted that there is no need to provide evidence of a breach of local standards—see Kempson & Kempson v First Choice Holidays & Flights Limited (7 June 2007), Birmingham County Court (not reported by LexisNexis®). In that case, the court applied the principle under the sale and supply of goods legislation that goods supplied under a relevant

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