England and Wales Case Law

Sara Turnball v Neilson Active Holidays Ltd

The defendant breached its duty of care by failing to install a dampener or otherwise modify the fridge lid to mitigate a clear and foreseeable risk of serious injury, despite the ubiquity of the design and the presence of warning signs. Warning signs and safety induction were inadequate control mechanisms. The claimant was contributorily negligent for failing to operate the fridge correctly, warranting a 30% reduction in damages.

Source excerpt

• Duty of care
• Local standards
• Risk assessment
• Contributory negligence
• Fundamental dishonesty
• Package travel regulations

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Rawson v TUI UK Ltd

Rawson v TUI UK Ltd [2025] EWHC 2093 (KB) (12 August 2025)

A holiday illness appeal failed after the High Court upheld findings that cyclospora was not proved and causation from hotel food or drink was not established.

• Breach of contract
• Implied terms
• Package travel regulations
• Causation
• Standard of proof
• Expert evidence

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Cannestra v McLaren Automotive Events Ltd

Cannestra v McLaren Automotive Events Ltd [2025] EWHC 1844 (KB) (18 July 2025)

High Court trial on a snowmobile safari injury claim. The court found the defendant breached duty by not looking back on one straight, but held the accident was caused by the claimant’s own throttle error.

• Negligence
• Duty of care
• Package travel regulations
• Contributory negligence
• Personal injury
• Personal-injury

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Andrew Cannestra v Mclaren Automotive Events Limited

A personal injury and negligence claim over a snowmobile safari accident in Finland was dismissed. The court found the claimant caused the crash by accidental throttle use.

• Negligence
• Duty of care
• Package travel regulations
• Personal injury
• Standard of care
• Contributory negligence

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Eversfield Preparatory School Trust Ltd v Diverse World Ltd (t/a Diverse School Travel)

Eversfield Preparatory School Trust Ltd v Diverse World Ltd (t/a Diverse School Travel) [2025] EWCC 33 (01 July 2025)

County Court appeal on package travel refunds after COVID cancellation; the court held there was no causation or reasons test under Reg.12(7) and allowed the appeal.

• Package travel regulations
• Covid-19 pandemic cancellations
• Interpretation of retained eu law post-brexit
• Refunds for cancelled travel packages
• Package-travel-regulations
• Covid-19-cancellations

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Our Lady & St. John Catholic College v Acorn Travel Group Ltd

The court held that under regulation 12(7) PTRs, the existence of unavoidable and extraordinary circumstances at the destination objectively entitles the traveller to terminate the contract without a fee; subjective reasons for cancellation are irrelevant.

Source excerpt

• Package travel regulations
• Breach of contract
• Restitution
• Covid-19 cancellation

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Eversfield Preparatory School Trust Limited v Diverse World Ltd

Reg.12(7) 2018 Regs entitles a traveller to terminate a package travel contract without paying a termination fee if, at the date of cancellation, unavoidable and extraordinary circumstances are occurring at the destination and significantly affect performance of the package; no causation or reasons test applies; COVID-19 pandemic in Barcelona on 1st April 2020 constituted such circumstances and significantly affected the package, so the claimant is entitled to a full refund.

Source excerpt

• Package travel regulations
• Statutory interpretation
• Covid-19 pandemic
• Refunds and termination fees
• Brexit and retained eu law

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Our Lady & St John Catholic College v Acorn Travel Group Ltd

Our Lady & St John Catholic College v Acorn Travel Group Ltd [2025] EWCC 6 (21 January 2025)

County Court judgment holding that COVID-19 restrictions in Spain let a school cancel a package trip without a termination fee under the PTRs.

• Package travel regulations
• Breach of contract
• Restitution
• Covid-19 cancellation
• Termination fees
• Package-travel-regulations

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Turnball v Neilson Active Holidays Ltd

Turnball v Neilson Active Holidays Ltd [2024] EWHC 3696 (Admlty) (10 December 2024)

Liability trial over a yacht fridge injury. The court found the accident was likely caused by user error, but held the defendant breached its duty by failing to make the lid safer.

• Negligence
• Breach of contract
• Package travel regulations
• Local standards
• Personal injury
• Risk assessment

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Rosemary Sherman & Anor v Reader Offers Limited

The contract was concluded when the confirmation and detailed itinerary were sent to the Shermans on 22 January 2018. The detailed itinerary formed an essential term of the contract. The change to the itinerary before departure was a major change/significant alteration, triggering obligations under both the contract and Regulation 12. ROL failed to notify the Shermans of their rights in a timely manner and did not offer a refund or compensation. The failure to provide the contracted itinerary was not excused by force majeure, as adverse ice conditions were foreseeable. The case is remitted to…

Source excerpt

• Package travel regulations
• Breach of contract
• Remedies for breach
• Force majeure
• Contract formation

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