Mawdsley v Cosmosair Plc [2002] EWCA Civ 587 (18 April 2002)

Mawdsley v Cosmosair Plc [2002] EWCA Civ 587 (18 April 2002)

The brochure's statement 'Lifts (in main building)' constituted a misrepresentation that all levels, including the restaurant, were accessible by lift. This misrepresentation was relied upon by the claimant and directly exposed her to the risk of injury when forced to use stairs with a pushchair, establishing causation. There was no intervening act breaking the chain of causation, and the defendant was liable for the resulting injury under contract, tort, and the Regulations.

Citation
[2002] EWCA Civ 587
Parties
Claimant/respondent: Sheila Mawdsley; Defendant/appellant: Cosmosair Plc
Jurisdiction
England and Wales
Judgment Date
18 April 2002
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Misrepresentation, Breach of Contract, Negligent Misstatement, Causation, Package Travel Regulations
Contract Law Tort Law Consumer Protection Misrepresentation Breach of Contract Negligent Misstatement Causation Package Travel Regulations

Case Brief

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Parties

Sheila Mawdsley

Claimant/respondent

Cosmosair Plc

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the brochure's statement 'Lifts (in main building)' was a misrepresentation or breach of contract
  2. 2 Whether the misrepresentation caused the claimant's injury
  3. 3 Whether the hotel was unsuitable for young children due to lack of lift access to the restaurant

Ratio Decidendi

The brochure's statement 'Lifts (in main building)' constituted a misrepresentation that all levels, including the restaurant, were accessible by lift. This misrepresentation was relied upon by the claimant and directly exposed her to the risk of injury when forced to use stairs with a pushchair, establishing causation. There was no intervening act breaking the chain of causation, and the defendant was liable for the resulting injury under contract, tort, and the Regulations.

Court Disposition

Appeal dismissed

Orders

  • Damages of £17,500 to claimant
  • Costs as agreed between counsel