TUI UK Ltd v Morgan [2020] EWHC 2944 (Ch) (09 November 2020)

TUI UK Ltd v Morgan [2020] EWHC 2944 (Ch) (09 November 2020)

The judge was entitled to rely on expert evidence and international standards to determine the applicable standard of care in the absence of clear local standards. The finding that the lack of lighting caused the accident was open to the judge on the evidence. The appeal is dismissed as no error of law or fact was established in the judge's approach or findings.

Citation
[2020] EWHC 2944 (Ch)
Parties
Appellant (defendant Below): TUI UK Limited; Respondent (claimant Below): Lynn Morgan
Jurisdiction
England and Wales
Judgment Date
09 November 2020
Procedural Posture
Civil Appeal / High Court Appeal From County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Implied Terms, Package Travel Regulations, Standard of Care, Vicarious Performance, Causation, Foreign Standards
Contract Law Consumer Protection Personal Injury Implied Terms Package Travel Regulations Standard of Care Vicarious Performance Causation +1 more

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Parties

TUI UK Limited

Appellant (defendant Below)

Lynn Morgan

Respondent (claimant Below)

Procedural Posture

Civil Appeal / High Court Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the tour operator (TUI) breached the implied contractual duty to provide services with reasonable skill and care regarding lighting at the accident site
  2. 2 Whether the absence or unascertainability of local safety standards in Mauritius precluded a finding of breach
  3. 3 Whether causation was established between the lighting deficiency and the claimant's injuries

Ratio Decidendi

The judge was entitled to rely on expert evidence and international standards to determine the applicable standard of care in the absence of clear local standards. The finding that the lack of lighting caused the accident was open to the judge on the evidence. The appeal is dismissed as no error of law or fact was established in the judge's approach or findings.

Court Disposition

Appeal dismissed

Orders

  • The appeal by TUI UK Limited is dismissed.
  • The County Court judgment in favour of Lynn Morgan stands.