Healy v Cosmosair Plc & Ors [2005] EWHC 1657 (QB) (28 July 2005)

Healy v Cosmosair Plc & Ors [2005] EWHC 1657 (QB) (28 July 2005)

The court found on the balance of probabilities that the claimant did not voluntarily dive but suffered an uncontrolled fall, likely due to slipping on wet tiles. The pool terrace did not comply with Portuguese safety standards requiring a 2m non-slip border. The defendant, as tour operator, was liable for improper performance under the Package Travel Regulations and contract. There was no contributory negligence. The Part 20 defendant Vilar Da Lapa was liable to indemnify Cosmosair plc under the supply contract.

Citation
[2005] EWHC 1657
Parties
Claimant: Sean Healy; Defendant and Part 20 Claimant: Cosmosair plc; Part 20 Defendant: António Simões Lourenço; Part 20 Defendant: Vilar Da Lapa Administracao De Propriedades LDA
Jurisdiction
England and Wales
Judgment Date
28 July 2005
Procedural Posture
Personal Injury / Contract / Contribution / High Court Trial, Judgment
Outcome
Judgment for the claimant against Cosmosair plc; indemnity granted to Cosmosair plc against Vilar Da Lapa Administracao De Propriedades LDA; no finding of contributory negligence.
Legal Topics
Package Travel Regulations, Holiday Accident Liability, Implied Terms, Contributory Negligence, Indemnity and Contribution
Personal Injury Contract Travel Law Package Travel Regulations Holiday Accident Liability Implied Terms Contributory Negligence Indemnity and Contribution

Case Brief

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Parties

Sean Healy

Claimant

Cosmosair plc

Defendant and Part 20 Claimant

António Simões Lourenço

Part 20 Defendant

Vilar Da Lapa Administracao De Propriedades LDA

Part 20 Defendant

Procedural Posture

Personal Injury / Contract / Contribution / High Court Trial, Judgment

Legal Issues

  1. 1 Whether the claimant's injuries were caused by a slip or a dive
  2. 2 Whether the pool terrace complied with Portuguese safety standards
  3. 3 Whether the defendant is liable under the Package Travel Regulations 1992 and/or contract

Ratio Decidendi

The court found on the balance of probabilities that the claimant did not voluntarily dive but suffered an uncontrolled fall, likely due to slipping on wet tiles. The pool terrace did not comply with Portuguese safety standards requiring a 2m non-slip border. The defendant, as tour operator, was liable for improper performance under the Package Travel Regulations and contract. There was no contributory negligence. The Part 20 defendant Vilar Da Lapa was liable to indemnify Cosmosair plc under the supply contract.

Court Disposition

Judgment for the claimant against Cosmosair plc; indemnity granted to Cosmosair plc against Vilar Da Lapa Administracao De Propriedades LDA; no finding of contributory negligence.

Orders

  • Cosmosair plc to pay damages to Sean Healy.
  • Vilar Da Lapa Administracao De Propriedades LDA to indemnify Cosmosair plc for all sums payable to the claimant.