- Court of Justice asked for ruling on tour operator’s defence in hotel rape case (X v Kuoni Travel Ltd)
- What are the practical implications of the decision to refer?
- What was the background?
- What did the Supreme Court decide?
Personal Injury analysis: In X v Kuoni Travel Ltd, which concerned the appellant tourist’s claim for damages against the respondent tour operator following her rape and assault by a hotel employee, the Supreme Court referred questions to the Court of Justice of the European Union about the defence under the third paragraph of Article 5(2) of Council Directive 90/314/EEC (transposed into UK law by regulation 15(2)(c) of the Package Travel, Package Holidays and Package Tours Regulations 1992). Katherine Deal QC, of 3 Hare Court, examines the background and the decision to refer to the Court of Justice of the European Union.
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