Eversfield Preparatory School Trust Ltd v Diverse World Ltd (t/a Diverse School Travel) [2025] EWCC 33 (01 July 2025)

Eversfield Preparatory School Trust Ltd v Diverse World Ltd (t/a Diverse School Travel) [2025] EWCC 33 (01 July 2025)

The correct legal test under Reg.12(7) 2018 Regs is a three-stage factual assessment as at the date of cancellation, without hindsight: (1) identification of the place of destination, (2) whether unavoidable and extraordinary circumstances were occurring there, and (3) whether those circumstances significantly affected performance of the package or carriage. The 'causation' and 'reasons' tests are impermissible glosses. On the undisputed facts, the presence of COVID-19 and lockdown in Barcelona on 1 April 2020 constituted unavoidable and extraordinary circumstances significantly affecting the trip. The DDJ erred in law by applying the wrong test and in fact by not accepting the effect of...

Citation
[2025] EWCC 33
Parties
Appellant / Claimant: Eversfield Preparatory School Trust Limited; Respondent / Defendant: Diverse World Ltd (trading as Diverse School Travel)
Jurisdiction
England and Wales
Judgment Date
01 July 2025
Procedural Posture
County Court Appeal (fast Track Claim) / Appeal From Dismissal of Claim at First Instance
Outcome
Appeal allowed; claim succeeds in full.
Legal Topics
Package Travel Regulations, COVID 19 Pandemic Cancellations, Interpretation of Retained EU Law Post Brexit, Refunds for Cancelled Travel Packages
Contract Law Consumer Protection EU Law Package Travel Regulations COVID 19 Pandemic Cancellations Interpretation of Retained EU Law Post Brexit Refunds for Cancelled Travel Packages

Case Brief

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Parties

Eversfield Preparatory School Trust Limited

Appellant / Claimant

Diverse World Ltd (trading as Diverse School Travel)

Respondent / Defendant

Procedural Posture

County Court Appeal (fast Track Claim) / Appeal From Dismissal of Claim at First Instance

Legal Issues

  1. 1 Whether Reg.12(7) of the Package Travel and Linked Travel Arrangements Regulations 2018 entitles the claimant to a refund for cancellation due to COVID-19 circumstances at the destination
  2. 2 Whether the County Court is bound by post-Brexit CJEU decisions interpreting the 2015 Package Travel Directive
  3. 3 Whether the correct legal test under Reg.12(7) is a 'causation test', 'reasons test', or a three-stage factual assessment

Ratio Decidendi

The correct legal test under Reg.12(7) 2018 Regs is a three-stage factual assessment as at the date of cancellation, without hindsight: (1) identification of the place of destination, (2) whether unavoidable and extraordinary circumstances were occurring there, and (3) whether those circumstances significantly affected performance of the package or carriage. The 'causation' and 'reasons' tests are impermissible glosses. On the undisputed facts, the presence of COVID-19 and lockdown in Barcelona on 1 April 2020 constituted unavoidable and extraordinary circumstances significantly affecting the trip. The DDJ erred in law by applying the wrong test and in fact by not accepting the effect of...

Court Disposition

Appeal allowed; claim succeeds in full.

Orders

  • Respondent to refund £15,176.25 to Appellant
  • Consequential orders to be determined as appropriate