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PI Brief Update

Update on Gastric Illness Claims - Andrew Young, 3 Hare Court

06/09/12. In a recent landmark decision at first instance, a trial judge decided that the law imposes strict liability on tour operators in respect of food poisoning claims brought by purchasers of all-inclusive package holidays.  The case of Antcliffe v. Thomas Cook Tour Operations Ltd (4.7.2012, unreported, HHJ Worster, Birmingham County Court) concerned a family who went on an all-inclusive holiday to the Dominican Republic arranged by the Defendant as tour operator.  In the course of the holiday, all five members of the family fell ill with gastroenteritis (although only three brought claims).  Under the Package Travel Etc Regulations 1992, the Defendant as tour operator is...

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The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

Professional advice should always be obtained before applying any information to particular circumstances.

Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.