Japp v Virgin Holidays Ltd

Japp v Virgin Holidays Ltd

The duty of care in relation to structural features is determined by compliance with local standards at the time of installation; the hotel failed to comply with the Barbados National Building Code, which represented local custom and practice, thus liability was established.

Parties
Claimant/respondent: Moira Japp; Defendant/appellant: Virgin Holidays Limited
Jurisdiction
England and Wales
Judgment Date
07 November 2013
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Personal Injury, Duty of Care, Package Travel Regulations, Local Safety Standards, Contributory Negligence
Contract Law Tort Law Personal Injury Duty of Care Package Travel Regulations Local Safety Standards Contributory Negligence

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Parties

Moira Japp

Claimant/respondent

Virgin Holidays Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the duty of care is assessed by reference to local standards at the date of accident or installation
  2. 2 Whether there is a continuing duty to update hotel facilities to comply with developing standards
  3. 3 Whether the hotel complied with local custom and practice at the date of installation

Ratio Decidendi

The duty of care in relation to structural features is determined by compliance with local standards at the time of installation; the hotel failed to comply with the Barbados National Building Code, which represented local custom and practice, thus liability was established.

Court Disposition

Appeal dismissed

Orders

  • Judgment for claimant upheld
  • No requirement for hotel to update facilities unless local standards mandate