The following PI & Clinical Negligence guidance note Produced in partnership with Katherine Allen of Hugh James provides comprehensive and up to date legal information covering:
Brexit: The UK's departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering package holiday claims. For guidance, see Practice Note: Brexit—considerations for personal injury claims.
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:
Package Travel, Package Holidays and Package Tours Regulations 1992 (the 1992 Package Travel Regs), SI 1992/3288, or
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:
1992 Package Travel Regs
For general guidance on package holiday claims, see Practice Note: Package holiday claims.
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
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.