Healy v Cosmosair Plc & Ors

Healy v Cosmosair Plc & Ors

The claimant failed to prove on the balance of probabilities that he slipped on a wet tile within the relevant margin required by Portuguese safety standards; thus, causation was not established and the defendant is not liable for improper performance of the holiday contract.

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 / High Court Trial Judgment
Outcome
Claim dismissed
Legal Topics
Package Travel Regulations, Holiday Contract Liability, Causation, Compliance With Local Safety Standards, Indemnity Clauses
Contract Law Tort Law Personal Injury Travel Law Package Travel Regulations Holiday Contract Liability Causation Compliance With Local Safety Standards +1 more

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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 / High Court Trial Judgment

Legal Issues

  1. 1 Whether the claimant's injuries were caused by a slip on wet tiles or a dive
  2. 2 Whether the pool surround complied with Portuguese safety standards
  3. 3 Whether the defendant is liable for improper performance of the holiday contract

Ratio Decidendi

The claimant failed to prove on the balance of probabilities that he slipped on a wet tile within the relevant margin required by Portuguese safety standards; thus, causation was not established and the defendant is not liable for improper performance of the holiday contract.

Court Disposition

Claim dismissed