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

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

On the balance of probabilities, the claimant did not voluntarily dive but slipped on wet, slippery terrace tiles that failed to comply with Portuguese safety standards. The defendant, as tour operator, was liable for improper performance of the holiday contract under the 1992 Regulations and the contract. The claimant was not contributorily negligent. The Part 20 defendant was liable to indemnify Cosmosair under the supply contract.

Citation
[2005] EWHC 1657 (QB)
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/contractual Liability / High Court Trial Judgment
Outcome
Judgment for the claimant
Legal Topics
Package Travel Regulations, Holiday Contract Liability, Implied Terms, Local Safety Standards, Contributory Negligence
Personal Injury Contract Law Travel Law Package Travel Regulations Holiday Contract Liability Implied Terms Local Safety Standards Contributory Negligence

Case Brief

Summary, issues, holding and outcome

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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/contractual Liability / High Court Trial Judgment

Legal Issues

  1. 1 Whether the claimant dived or slipped into the pool
  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 contract

Ratio Decidendi

On the balance of probabilities, the claimant did not voluntarily dive but slipped on wet, slippery terrace tiles that failed to comply with Portuguese safety standards. The defendant, as tour operator, was liable for improper performance of the holiday contract under the 1992 Regulations and the contract. The claimant was not contributorily negligent. The Part 20 defendant was liable to indemnify Cosmosair under the supply contract.

Court Disposition

Judgment for the claimant

Orders

  • Defendant Cosmosair plc held liable for claimant's injuries under the Package Travel Regulations and contract
  • Part 20 defendant Vilar Da Lapa Administracao De Propriedades LDA liable to indemnify Cosmosair plc