Lougheed v On the Beach Ltd

Lougheed v On the Beach Ltd

The claimant failed to prove, on the balance of probabilities, that the hotel breached local standards of care or that the accident was due to negligence. There was insufficient evidence of Spanish standards or of the likelihood of spillage in the area. The trial judge erred in shifting the evidential burden to the defendant and in relying on the hotel manager's evidence as establishing local standards. The appeal is allowed and the claim dismissed.

Parties
Respondent: Lougheed; Appellant: On The Beach Limited
Jurisdiction
England and Wales
Judgment Date
27 November 2014
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed; claim dismissed
Legal Topics
Package Travel Regulations, Standard of Care, Evidential Burden, Personal Injury, Local Standards
Contract Law Tort Law Travel Law Package Travel Regulations Standard of Care Evidential Burden Personal Injury Local Standards

Case Brief

Summary, issues, holding and outcome

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Parties

Lougheed

Respondent

On The Beach Limited

Appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the hotel was in breach of local standards of care under the Package Travel, Package Holidays and Package Tours Regulations 1992
  2. 2 Whether the trial judge was correct to find liability in the absence of evidence of local standards
  3. 3 Whether the evidential burden shifted to the defendant in the circumstances

Ratio Decidendi

The claimant failed to prove, on the balance of probabilities, that the hotel breached local standards of care or that the accident was due to negligence. There was insufficient evidence of Spanish standards or of the likelihood of spillage in the area. The trial judge erred in shifting the evidential burden to the defendant and in relying on the hotel manager's evidence as establishing local standards. The appeal is allowed and the claim dismissed.

Court Disposition

Appeal allowed; claim dismissed

Orders

  • Order of 31 January 2014 awarding £30,000 to Mrs Lougheed set aside
  • Claim by Mrs Lougheed dismissed