Hone v Going Places Leisure Travel Ltd [2001] EWCA Civ 947 (13 June 2001)

Hone v Going Places Leisure Travel Ltd [2001] EWCA Civ 947 (13 June 2001)

Regulation 15 of the 1992 Regulations does not impose strict or absolute liability on the travel agent. The claimant must prove improper performance, which, absent an express term, means showing a lack of reasonable skill and care. There was no evidence of fault or breach of duty by the airline or travel agent. Ministerial statements do not alter the contractual standard implied by law.

Citation
[2001] EWCA Civ 947
Parties
Claimant/appellant: Gerard Hone; Defendant/respondent: Going Places Leisure Travel Limited
Jurisdiction
England and Wales
Judgment Date
13 June 2001
Procedural Posture
Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Package Travel Regulations, Strict Liability, Breach of Contract, Burden of Proof
Contract Law Consumer Protection Travel Law Package Travel Regulations Strict Liability Breach of Contract Burden of Proof

Case Brief

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Parties

Gerard Hone

Claimant/appellant

Going Places Leisure Travel Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal

Legal Issues

  1. 1 Whether the Package Travel, Package Holidays and Package Tours Regulations 1992 impose strict liability on the travel agent for injuries sustained during a package holiday.
  2. 2 Whether the claimant must prove fault or improper performance to establish liability under regulation 15 of the 1992 Regulations.
  3. 3 Whether ministerial statements in Hansard can be used to interpret the Regulations as imposing strict liability.

Ratio Decidendi

Regulation 15 of the 1992 Regulations does not impose strict or absolute liability on the travel agent. The claimant must prove improper performance, which, absent an express term, means showing a lack of reasonable skill and care. There was no evidence of fault or breach of duty by the airline or travel agent. Ministerial statements do not alter the contractual standard implied by law.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs