Jennings v TUI UK Ltd (t/a Thomson Cruises) [2018] EWHC 82 (Admlty) (22 January 2018)

Jennings v TUI UK Ltd (t/a Thomson Cruises) [2018] EWHC 82 (Admlty) (22 January 2018)

The Athens Convention does not apply as the Claimant was on a port installation at the time of the accident, not during carriage. The Defendant is not liable under the Package Travel Regulations 1992 because the Claimant failed to prove breach of local safety standards and the hazard was not within the Defendant's contractual responsibility or control.

Citation
[2018] EWHC 82 (Admlty)
Parties
Claimant: Claimant (Mr. Jennings); Defendant: Defendant (Thomson Cruises)
Jurisdiction
England and Wales
Judgment Date
22 January 2018
Procedural Posture
Personal Injury Claim Under Athens Convention and Package Travel Regulations / Liability Trial (quantum Reserved)
Outcome
Claim dismissed
Legal Topics
Athens Convention, Package Travel Regulations 1992, Duty of Care, Liability of Tour Operators, Local Safety Standards
Personal Injury Travel Law Contract Law Athens Convention Package Travel Regulations 1992 Duty of Care Liability of Tour Operators Local Safety Standards

Case Brief

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Parties

Claimant (Mr. Jennings)

Claimant

Defendant (Thomson Cruises)

Defendant

Procedural Posture

Personal Injury Claim Under Athens Convention and Package Travel Regulations / Liability Trial (quantum Reserved)

Legal Issues

  1. 1 Whether the Athens Convention applies to the Claimant's injury
  2. 2 Whether the Defendant is liable under the Package Travel Regulations 1992
  3. 3 Whether the Defendant or its agents caused or contributed to the accident

Ratio Decidendi

The Athens Convention does not apply as the Claimant was on a port installation at the time of the accident, not during carriage. The Defendant is not liable under the Package Travel Regulations 1992 because the Claimant failed to prove breach of local safety standards and the hazard was not within the Defendant's contractual responsibility or control.

Court Disposition

Claim dismissed