Kellett v RCL Cruises Ltd & Ors (Unapproved)) [2020] IECA 138_2 (21 May 2020)

Kellett v RCL Cruises Ltd & Ors (Unapproved)) [2020] IECA 138_2 (21 May 2020)

The appellant failed to discharge the onus of proving a failure by the respondent to exercise reasonable care and skill, as required by law. The trial judge was entitled to dismiss the case on this basis, having applied the most favourable standard to the appellant.

Citation
[2020] IECA 138_2
Parties
Plaintiff/appellant: Siobhan Kellett; Defendant/respondent: RCL Cruises Limited; Defendant/respondent: Panther Associates Limited t/a Cruise Holidays; Defendant/respondent: Panther Associates t/a Tour America
Jurisdiction
Ireland
Judgment Date
21 May 2020
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Negligence, Package Holidays, Standard of Care, Burden of Proof, Interpretation of EU Directives
Tort Law Consumer Protection Contract Law Negligence Package Holidays Standard of Care Burden of Proof Interpretation of EU Directives

Case Brief

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Parties

Siobhan Kellett

Plaintiff/appellant

RCL Cruises Limited

Defendant/respondent

Panther Associates Limited t/a Cruise Holidays

Defendant/respondent

Panther Associates t/a Tour America

Defendant/respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 What is the applicable standard of care for package holiday organisers in respect of accidents occurring abroad?
  2. 2 Should Irish courts apply local (foreign) standards, Irish standards, or international/EC standards when assessing reasonable care and skill under the Package Holidays and Travel Trade Act, 1995 and Council Directive 90/314/EEC?
  3. 3 Who bears the burden of proof regarding compliance with local standards in such cases?

Ratio Decidendi

The appellant failed to discharge the onus of proving a failure by the respondent to exercise reasonable care and skill, as required by law. The trial judge was entitled to dismiss the case on this basis, having applied the most favourable standard to the appellant.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed.