Griffin v My Travel UK Ltd [2009] NIQB 98 (16 December 2009)

Griffin v My Travel UK Ltd [2009] NIQB 98 (16 December 2009)

The Defendant breached its contractual duty of care by failing to inspect the fastening mechanism of the bed, which was vulnerable to instability and collapse. This omission constituted negligence and was causative of the Plaintiff's injury. Compliance with local standards did not absolve the Defendant from liability under the contract.

Citation
[2009] NIQB 98
Parties
Plaintiff/appellant: Trevor Griffin; Defendant/respondent: My Travel UK Limited
Jurisdiction
Northern Ireland
Judgment Date
16 December 2009
Procedural Posture
Appeal From County Court / Judgment on Appeal
Outcome
Appeal allowed; decree substituted in favour of Plaintiff
Legal Topics
Package Travel Regulations, Personal Injury, Duty of Care, Negligence, Holiday Contracts
Contract Law Tort Law Consumer Protection Package Travel Regulations Personal Injury Duty of Care Negligence Holiday Contracts

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Parties

Trevor Griffin

Plaintiff/appellant

My Travel UK Limited

Defendant/respondent

Procedural Posture

Appeal From County Court / Judgment on Appeal

Legal Issues

  1. 1 Whether the Defendant breached its contractual and statutory duty of care to the Plaintiff under Regulation 15 of the Package Travel Regulations and Clause 6 of the booking conditions
  2. 2 Whether the Defendant's suppliers failed to provide services with reasonable care
  3. 3 Whether the design and maintenance of the bed constituted negligence

Ratio Decidendi

The Defendant breached its contractual duty of care by failing to inspect the fastening mechanism of the bed, which was vulnerable to instability and collapse. This omission constituted negligence and was causative of the Plaintiff's injury. Compliance with local standards did not absolve the Defendant from liability under the contract.

Court Disposition

Appeal allowed; decree substituted in favour of Plaintiff

Orders

  • Defendant to pay £2,240 to Plaintiff for general damages and loss of earnings
  • Costs to be determined following submissions