Codd v [2000] EWCA Civ 5566 (07 July 2000)

Codd v [2000] EWCA Civ 5566 (07 July 2000)

Negligence was not established against the hotel or the tour operator because the evidence showed regular maintenance and compliance with Spanish law, and there was no proof that the accident resulted from any breach of duty.

Source-derived case information.

Citation
[2000] EWCA Civ 5566
Parties
Claimant: Gareth Codd (by his next friend Mr Griffiths); Defendant: Thomsons
Jurisdiction
England and Wales
Judgment Date
07 July 2000
Procedural Posture
Civil Appeal / Appeal From County Court Judgment on Liability
Outcome
appeal dismissed
Legal Topics
Negligence, Standard of Care, Foreign Law Application, Evidence Admissibility, Maintenance Liability
Tort Personal Injury Travel Law Negligence Standard of Care Foreign Law Application Evidence Admissibility Maintenance Liability

Source-derived case record

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Parties

Gareth Codd (by his next friend Mr Griffiths)

Claimant

Thomsons

Defendant

Procedural Posture

Civil Appeal / Appeal From County Court Judgment on Liability

Legal Issues

  1. 1 Whether the hotel (and thus the tour operator) was negligent in maintaining the lift where the accident occurred
  2. 2 Whether the absence of British-standard safety features constituted negligence under applicable law
  3. 3 Whether the trial judge erred in accepting the documentary and witness evidence on maintenance and safety procedures

Ratio Decidendi

Negligence was not established against the hotel or the tour operator because the evidence showed regular maintenance and compliance with Spanish law, and there was no proof that the accident resulted from any breach of duty.

Court Disposition

appeal dismissed

Orders

  • Appellant to pay £1,500 on account of costs